Hoàn thiện mô hình tổ chức chính quyền xã ở nông thôn việt nam hiện nay tt tiếng anh

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF HOME AFFAIRS 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 LIST OF AUTHOR’S WORKS 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: Assoc Prof Ph.D Dang Khac Anh Assoc Prof Ph.D Van Tat Thu Reviewer 1: ……………………………………………………………………………… ……………………………………………………………………………… Reviewer 2: ……………………………………………………………………………… ……………………………………………………………………………… Reviewer 3: ……………………………………………………………………………… ……………………………………………………………………………… 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 “Organizational model of grassroots government in some Asian countries”, State Organization Magazine, Publication of May 2019, p.75-79 “Solutions to deploy the arrangement of administrative units at district and commune levels”, Journal of State Administration Publication of April 2019, p.13-17 “Limitations, shortcomings in the organization of commune governments and the direction of improvement”, State Organization Magazine Publication of September 2018, p 9-14 “About the position and role of commune governments in Vietnam today’, State Organization Magazine, Publication of May 2018, p.33-35 “Factors affecting local governments in Vietnam rural areas”, Presentation Report at the Vietnam – Japan International Conference on Sharing Local Administrative Experiences, September 2017 “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 “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 “Innovating and completing local governments in Vietnam rural areas today”, Journal of Internal Science Research, Publication of March 2016 (11), p.31-35 “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 27 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 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 views and 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 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 26 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 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: 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 selfmanagement establishment Conclusion of Chapter Based on the results of practical analysis of the process of completing the organizational model of communal government from 1945 to present, Chapter 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 has proposed 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 25 synchronized 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 selfgovernance regime The village people directly elect the village council including people: village head and village deputy heads with a term of years The village council will decide and conduct the village self-governance tasks Merging small villages that 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 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 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 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 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? 24 - 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 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 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 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 23 Option 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 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 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 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 Structure of the thesis In addition to the introduction, conclusion, list of references and appendices, the content of the thesis is structured into 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 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 22 Scientific basis for completing the organizational model of communal government in rural areas Chapter SCIENTIFIC BASIS FOR PERFECTING THE ORGANIZATION OF 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 (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 or 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 or 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 The option 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 - 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 21 prescribed 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 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 chairman, vice chairman and commune People’s Council deputies The communal Standing People’s Council is composed of 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 head, 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 20 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 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 Chapter 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 VIEWS AND SOLUTIONS TO PERFECT THE ORGANIZATIONAL MODEL 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 10 19 Completing the organizational model of communal government must be placed in the context of innovating and streamlining the apparatus and the political system that have been being implemented by the Party and State Treat regimes and policies for non-specialized people in villages and hamlets are still unreasonable There has been still phenomenon of pushing the commune’s work to the hamlets, “administrationalization” of activities of villages and hamlets The scales communes and villages are small in terms of area and population; have not been established on a scientific basis yet 3.3.3 Causes of limitations and shortcomings in the organizational model of Communal government in Vietnam rural areas First, due to inadequate and correct awareness of the location and nature of the communal government Communal government is only the lowest level in the state government system Second, the current laws on local government are still incomplete Third, in the organization and operation, the communal governments have not fully applied the theory of organizational science and management science Fourth, communes have their own characteristics of nature, economy, society, etc., but organizational and operational models are stereotyped without differences Fifth, the current mechanism of election of the commune People’s Council does not ensure the selection of real deputies representing the community, being inclined on structure, without focusing on the quality and capacity of the People’s Council deputies Sixth, the organizational structure of the commune People’s Committee is cumbersome, unreasonable, unclarified in responsibilities between the collective and the individual members of the People’s Committee Seventh, due to historical factors, the contingent of commune officials is mostly formed from on-the-spot and untrained, developing mainly from the movements in localities Eighth, the treat policies and regimes for commune officials are unreasonable and cannot be motivation for commune officials Ninth, material and technical facilities for the communal governments are limited, backward causing difficulties in performing tasks Conclusion of Chapter 3: Chapter has described the organizational model of communal government in Vietnam rural areas from 1945 to present, focusing on analyzing and reviewing the reality of communal government models since 2013 Each period of history, communal governments has been organized to match the requirements and tasks The current communal government is defined as a local government level at the grassroots level including Commune People’s Council and Commune People’s Committee The Commune People’s Council is the representative body of the local people, the local state authority having the function of making decision for important issues and monitoring function Commune People’s Committee is the executive body of the commune People’s Council, the state administrative agency in locality taking responsibility for abiding by the resolution of the commune People’s Council and administrative management in the commune 2.2.2.5 Trends of decentralization and local self-governance Decentralization and devolution will both address the affairs of the central government to focus on the task of national development, while empowering localities to be autonomous and creative in order to promote their potentials and strengths People will best implement the form of direct democracy at the lowest level of local government Trends of decentralization and local self-governance are becoming an inevitable global trend Since 1985, the Council of Europe has adopted the Charter on local selfgovernment Countries wishing to join the European Union must implement this Charter Since 1998, the United Nations has been working on the drafting of the World Charter on local self-government and promoting the implementation of nations Currently, in the world, there are many role model countries implementing local selfgovernment such as: Japan, Germany, England, America, Thailand, ect 2.2.3 Factors affecting the communal government organization in Vietnam rural areas 2.2.3.1 Political - legal factor Vietnam is a single state Communal government in Vietnam areas must comply with the implementation of unified state power and the principle of the Party leadership, the State management, and the people’s mastery Renovating and improving the organizational model and operation of the communal government in rural areas must always follow the direct and comprehensive leadership of the Party 2.2.3.2 Economic factor and the development of rural infrastructure Rural areas associated with rural economy The communal government always pays much attention to agricultural production, well resolves the issues related to land policies and hunger and poverty reduction for rural people The communal government also has to pay attention to invest in the construction of rural infrastructure, improve the capacity of natural disaster prevention to support the economic development and rural people’s life The rural economy is shifting the economic structure, gradually reducing the proportion of agriculture to non-agriculture, associated with service production and market economy The new rural construction program initiated in 2008 is gradually changing the rural socio-economic appearance in Vietnam The current rural infrastructure has been becoming more and more modern as a premise to apply scientific and technological achievements in the management of communal government This requires the communal government to improve the capacity of addressing practical problems so as to meet the socio-economic development in the rural areas 2.2.3.3 Historical factor The history of the development of the Vietnamese people has proved that the central government always values and attaches great importance to the self-governance of the communal government, considering it as the core of constructing a strong government The country is powerful because every village in Vietnam is strong The country is stable as each village is stable 2.2.3.4 Socio-cultural factor The management manner of the communal government must be based on the specific cultural and social basis of the village with the characteristic of community 18 11 collusion, autonomy and self-governance The communal government traditionally relied on family relations and blood relations; based on the residental areas as the village, hamlets and the prestigious people such as the village elders, soldiers, teachers, retired cadres, etc to manage the society in the locality The characteristics of the village community also give rise to negative impacts on the organization and operation of the communal government such as localism, information concealment, setting “village customs” higher than “country laws” and the thought of “using power as a crutch”, etc 2.2.3.5 Geographical and territorial factors The communal government is organized on a natural territorial administrative unit, thereby it has high self-governance characteristics The communal government formed in the natural administrative territory often has a complete governmental organizational structure consisting of representative agency and administrative agency 2.2.3.6 Human resource factor Human resource in rural areas are mostly farmers Also including small traders, farm owners, service workers, teachers, retired officials, etc Currently, in many rural areas, the majority residents are old people, children, women, while the main labor force must earn for living in the cities and industrial zones The quality of human resources in rural areas is still limited In the context of industrialization and modernization of agriculture and rural areas, a problem posing for the governments at all levels, including the communal government to pay much attention to vocational training policies to improve the qualifications for laborers in rural areas 2.2.3.7 Other factors Currently, rural areas have been facing many pressing social issues that need to be addressed such as jobs, migration, urbanization, security and social evils in rural areas, environmental protection issues, etc requiring communal government to improve their capacity for effective management The science and technology revolution 4.0 brings opportunities for both people and communal government to apply technological achievements to improve the communication method between people and the government Communal government has the opportunity to apply technology to change the way of providing administrative services, streamlining the apparatus and improving management capacity 2.3 Organizational model of grassroots governments in some countries around the world and lessons learned for Vietnam 2.3.1 Organizational model of grassroots governments in some countries around the world The thesis chooses to study the organizational model of grassroots governments in Japan, China, France and Thailand as typical countries in the region, with similarities and influences on Vietnam to generalize common features of the organizational model of grassroots governments in the world and lessons learned for Vietnam in setting up the organizational model of communal government 2.3.2 Lessons learned for Vietnam by studying the organizational model of grassroots governments in some countries around the world By studying the local government organizations around the world, especially the grassroots government organizations in some countries around the world, some of the typical characteristics of the grassroots government in the world can be seen: The village, hamlet, etc However, the mergence should be carried out on a scientific basis and should not be stereotyped, machinical 3.2.5 Ensured conditions for the operation of the Communal Government The office of the Communal government is arranged for the People’s Council and Commune People’s Committee, equipped with material and technical facilities to meet the operational requirements and coordination among the bodies of the communal government and people service These invested equipment and facilities have created favorable conditions to improve the operational efficiency of the Communal government, better serving the people The operational budget of the communal government will be guaranteed by the state budget In order to build a self-governance authority in the commune, it is necessary to continue decentralizing strongly the finance and budget so that the Communal Government can promote the autonomy and creativity in the direction and administration in the locality 3.3 Review the process of completing the organizational model of Communal government in Vietnam rural areas 3.3.1 Achievements in the process of completing the organizational model of Communal government in Vietnam rural areas From 1945 up to present, the communal governments have been increasingly improved on the location, functions, tasks, powers and organizational structure, etc following the direction of right location, clear functions, tasks and powers; streamlining the apparatus, etc gradually improving the operational effectiveness and efficiency of the communal government 3.3.2 Limitations and shortcomings in the organizational model of Communal government in Vietnam rural areas Institutions and methods of operating the Communal government in particular and the system of government apparatus in general are considering the Communal government as a “miniature state” that can all things like the superior governments In the tendency of implementing the self-governance government model, it is necessary to determine the tasks and powers of the Communal government according to the principle of bottom up in accordance with the capacity of the Communal government Legal institutions are still not specific, without clarifying clearly whether communal governments in particular and local governments in general are decentralized, devolved, authorized in which contents and ways to implement these contents The organizational structure of the communal government is still stereotyped and machinical, without association with local characteristics It is necessary to continuously improve the organizational structure of the Communal Government towards the self-governance model, in accordance with the characteristics of each locality Commune officials are crowded but not strong and refined yet Their operational activities are not professional It demands to continue to streamline the contingent of commune officials and arrange the number of civil servants and officialsin accordance with the characteristics of each commune 12 17 cadres and civil servants in each commune should be calculated based on the volume of work, local characteristics.s 3.2.4 Relationship between communal government and relevant agencies and organizations - The relationship between the commune People’s Council and the Commune People’s Committee is the activities coordination relations and supervision relations of the commune People’s Council for the Commune People’s Committee In particular, legal institutions necessitates to be continuously improved to ensure the supervision effectiveness of the commune People's Council for the Commune People’s Committee - The relationship between the communal government and the superior state agencies: The relationship between the communal government and the superior state agencies have many innovations related to decentralization, devolution, authorization, and control mechanism of superior governments for the communal government However, it is necessary to continue to concretize the issues of decentralization, devolution and authorization to ensure not to push the work down to the commune level and not to rely on the superiors - The relationship between the the communal government and the Commune Party Committee: the Commune Party Committee leads with guidelines and policies, the communal government will institutionalize and organize the implementation Most of the key personnels in the communal government are party members, heads of government agencies, normally in the Standing Committee of the Commune Party Committee In many localities, communal Party secretaries concurrently hold the position of chairman of the commune People’s Council Some localities have piloted the commune Party Committee Secretary is also the Chairman of the Commune People’s Committee The implementation of this model ensures the comprehensive and direct leadership of the Party in which the apparatus has already been streamlined However, it is necessary to study the mechanism of controlling power and ensuring electors’ credibility for the position of chairman of the commune People’s Committee under the mechanism of “Party elects, people vote” The communal government together with the Front and the mass organizations signed a regulation on coordination of activities The Front and the mass organizations in the locality both take part in “politics”, “deliberation" and play a role of “monitoring” and “social criticism” of the communal government To improve operational efficiency, it is necessary to renew the contents and form of activities of the Front and mass organizations Only avoiding “civilization”, “administrationalization” Front and the mass organizations can best promote their roles and positions - The relationship between the communal government and the villages and hamlets: the hamlet is not a state agency, the activities of hamlet are not state power, but are of the village and hamlet community However, the hamlet is subject to administrative management directly from the communal government Activities of the hamlet are self-governance, complying with the law and adhering to the direction and administration of the communal government Many localities are merging villages with small area, small number of households; implementing the model of Party secretary are also being head of village, holding more than one non-specialized positions in the organizational model of communal government in the world is very diverse, with many different variations The trend of establishing local autonomous and self-governance models and establishing large communes or inter-commune areas has been being implemented by many countries It is necessary to pay attention to improving the capacity of commune officials In parallel with the process of promoting local autonomy and self-governance, democracy is a compulsory issue to increase accountability of the communal government The communal government will provide public services to people in the best way that the commune can deal with Conclusion of Chapter Chapter of the thesis has systematized the theory of the organizational model of communal government in rural areas; identified the constituent components of the organizational model of communal government in rural areas: location, nature, functions, tasks, powers, organizational structure, operation mode and the relationship between communal government with agencies and organizations in rural areas In Chapter 2, the thesis has also analyzed and pointed out the basic affecting factors, the necessity to complete the commune government organization in Vietnam rural areas At the same time, on the basis of studying organizational models of grassroots governments in Japan, France, Thailand and China to draw lessons for Vietnam when implementing innovations and completing the organizational model of communal government Chapter CURRENT SITUATION OF THE ORGANIZATIONAL MODEL OF COMMUNAL GOVERNMENT IN VIETNAM RURAL AREAS 3.1 The organizational model of communal government in rural areas in the period of 1945-2013 3.1.1 The organizational model of communal government in rural areas in the period of 1945-1960 The rural communal government organization in the period 1946-1960 was organized according to Decree No 63/SL, dated November 22nd, 1945 The communal government organization in rural areas included types of agencies: People’s Council and Administrative Committee The communal government organization was very streamlining and suitable with the specific characteristics of the rural areas The tasks and powers of the communal government must both ensure certain authority within the commune administrative territory, and comply with and be managed by the superior governments 3.1.2 The organizational model of communal government in rural areas in the period of 1960-1980 The communal government was established in accordance with the 1959 Constitution and the Law on Organization of People’s Councils and Administrative Committees at all levels in 1962 Communal government still included People’s Councils and Administrative Committees formed in commune administrative units The People’s Council was first defined as “the state authority in the locality elected by the local people and responsible to the local people” The commune administrative committee is: the executive body of the People’s Council and the administrative agency of the state in locality elected by the People’s Council The organizational model of communal government in the period 1960-1980 continued to be completed in 16 13 the direction of supplementing location and nature, clarifying the tasks, powers and organizational structure of the Commune People’s Council and People’s Committee On the one hand, appreciating the role of commune People’s Council, on the other hand, continuing to establish and consolidate the consistency in the leadership and uniform administration of the administrative agencies system from the central to the commune, initially giving prominence to the collective leadership principle of the commune People’s Council and Administrative Committee 3.1.3 The organizational model of communal government in rural areas in the period of 1980-1992 The communal government was established in accordance with the 1980 Constitution, the Law on Organization of People’s Councils and People’s Committee in 1983 and 1989 In this period, the communal government continued to include the commune People’s Council and People’s Committee The administrative agency changed its name from the Administrative Committee to the People’s Committee The position and role of the People’s Council was highly appreciated as a state authority in locality, the principle of democratic centralism and collective mastery was the key principle affecting the organization and operation of the communal government Tasks and powers between local government levels did not have a clear distinction At this stage, legal institutions began to regulate the relationship between communal government and commune Party Committee, with the Front and mass organizations 3.1.4 The organizational model of communal government in rural areas in the period of 1992-2013 Legal basis for the organization and operation of communal government in this period, following to the provisions of the 1992 Constitution, Law on Organization of People’s Councils and People’s Committees in 1994 and 2003, etc Commune People’s Councils were supplemented and increased supervision rights The organizational models of communal government particular and local government at all levels in general have had many innovations, reforms and experimental changes People’s Councils were supplemented with supervision rights to increase their real authorities The organizational structure of the People’s Council and People’s Committee was still stereotypical and mechanical, without distinction between rural and urban areas The real authority of the commune People’s Council was not high The People’s Committee operated under a collective regime and was mainly dependent on the direct administration and direction of the superior governments The communal government was still considered as “the lowest level” in the government system, playing the role of executing orders and directing of superiors 3.2 The organizational model of communal government in rural areas in the period from 2013 to present 3.2.1 Location and nature of communal government The 2013 Constitution has officially determined that the communal government is a level of local government in the rural areas, including the Commune People’s Council and Commune People’s Committee This is the premise to determine that communal government is a public legal entity However, in operational practice, the position and role of the communal government in the rural areas are still reflected through the position and role of the two agencies of Commune People’s Council and Commune People’s Committee that constitute the communal government The position of the commune People’s Council continues to inherit the previous constitutional and legislative spirit: the People’s Council elected by the electors in localities, is the state authority in localities, representing the will, aspiration and mastery of the People, responsible to the local people and superior state agencies The location and nature of the Commune People’s Committee continue to be determined: elected by the Commune People’s Council, is the executive body of the commune People’s Council, is the state administrative agency in the locality, responsible to the People in the commune, the Commune People’s Council and the superior state administrative agencies 3.2.2 Functions, tasks and powers of communal government The communal government performs groups of tasks and powers of communal government These groups of tasks and powers focus on main functions: Organizing and ensuring the implementation of the Constitution and laws in the commune; Deciding on important issues of the commune according to decentralization and devolution prescribed by law; perform the duties and powers authorized from superior state agencies 3.2.3 Organizational structure of communal government The organization of the commune government apparatus consists of the commune People’s Council and the Commune People’s Committee The commune People’s Council structure consists of deputies to the People’s Council; The committees of the commune People’s Council include: the legal department, the socio-economic committee and standing committee of the commune People’s Council, including the chairman and vice chairman of the People’s Council The number of deputies from 15-35 is still unreasonable, needing a full-time deputies, reducing part-time deputies in the People’s Committee block The commune People’s Council has committees: the legal department and the socio-economic committee Each committee of the commune People's Council has a head and a deputy and members are also concurrent The heads of the committees are full-time deputies and are in the standing committee of the commune People’s Council The Standing Committee of the People’s Council is composed of the Chairman and Vice Chairman of the People’s Council Vice Chairman is a full-time member of People’s Council This structure does not guarantee the operational principle of People’s Council, that is collective discussion and decision by majority Commune People’s Committee includes Chairman, Vice Chairman, member in charge of military, member in charge of police Commune People’s Committee of category I must not exceed vice Chairmen, type II and type III with no more than vice chairman It should be directly elected the Chairman of the Commune People’s Committee and operate according to the administrative mechanism to ensure administrative management activities thoroughly, responsively and take personal responsibility The number of commune cadres and civil servants from 21 to 25 people is still unreasonable compared to the characteristics of each commune It is necessary to streamline and build a team of professional cadres and civil servants The number of 14 15 ... People’s Committee are in charge of the boards The Commune People’s Committee has professional bodies: the Internal Affairs Committee, the Office department, the Economic and Financial Committee, the... 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... part-time deputies in the People’s Committee block The commune People’s Council has committees: the legal department and the socio-economic committee Each committee of the commune People's Council