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Research objectives: To develop scientific rationales, propose solutions for decentralization of state management to the ward government so that the ward governments could better perform their functions and tasks in the context of piloting the urban government in Hanoi City.
MINISTRY OF TRAINING AND EDUCATION MINISTRY OF HOME AFFAIRS NATIONAL ACADEMY OF PUBLIC ADMINISTRATION NGUYEN VAN MINH DECENTRALIZATION OF STATE MANAGEMENT TO THE WARD GOVERNMENT IN HANOI CITY Specialization: Public Management Facing new challenges in the context of piloting the urban The doctoral dissertation was completed at: NATIONAL ACADEMY OF PUBLIC ADMINISTRATION government model, the district and city governments in Hanoi should take into account autonomy, self-responsibility and promote proactiveness of the ward governments in performing the assigned tasks Reasonable decentralization to the Ward People's Committee in Hanoi City to perform a number of state management tasks in wards should be seen seriously and objectively and needs preparation of human resources and material conditions for implementation in the coming time It will contribute to the VIỆN NGÔN NGỮ HỘC VIỆN KHOA HỌC XÁC HỘI V IỆT NAM effectiveness and efficiency of state management of the state administrative apparatus in the city, in line with the current renovation in our country Supervisors: 1, Assoc.Prof Dr Nguyen Huu Hai 2, Assoc.Prof Dr Hoang Mai Reviewer 1: ………………………………………… Reviewer 2: ………………………………………… Reviewer 3: ………………………………………… 27 People's Committee is an administrative agency in the apparatus and organization of the urban district government, applying the working regime which highlights the responsibility of the head of an organization 4.3 Conditions to ensure the decentralization of state management to The doctoral dissertation is defended before the Doctoral Dissertation Assessment Council at the institutional level the ward government in Hanoi City Venue: Room for Doctoral Dissertation Defense ……, 4.3.1 Conditions of legal aspects 4.3.2 Conditions of a mechanism of checking and supervision National Academy of Public Administration 4.3.3 Conditions of physical facilities and financial resources 4.3.4 Conditions of capacity of cadres and civil servants in performing 77, Nguyen Chi Thanh, Dong Da, Hanoi the decentralized task 4.3.5 Conditions concerning the scheme of the administrative heads of the ward governments to strengthen the responsibilities of the heads 4.3.6 Conditions of the coordination of the Vietnam Fatherland Front Conclusion of Chapter The doctoral dissertation can be found at: CONCLUSION The administrative reform in our country poses challenges, - National Library of Vietnam difficulties and needs the engagement of the political system This is a long- - Library of the National Academy of Public Administration term, continuous process of change which requires a plan, a roadmap, institutions, financial, human resources, checking, review, supervision to LIST OF PUBLICATIONS improve the effectiveness, efficiency of the civil service To improve the effectiveness, efficiency of the political system as a whole, including the state apparatus which plays the central role, there should be solutions to encourage, improve autonomy, proactiveness in performing tasks of governments at all levels People in Hanoi City have various needs to be dealt with, which requires the governments to be proactive and make efforts to fulfill their tasks Decentralization of state management from the higher to the lower level of urban government, from the superior to inferior state bodies is one of the positive solutions which is considered effective in the current situation 26 1, Nguyen Van Minh, Determinants of the effectiveness of the decentralization from the superior urban governments to the ward government, State Management Review, Issue 268 (5/2018) 2, Nguyen Van Minh, Issues of the organizaiton and operation of the Ward People’s Committees in Hanoi, State Management Review, Issue 270 (7/2018) information on and effectiveness of the implementation of the decentralized INTRODUCTION Reasons for choosing the research topic The development of a modern, advanced administration has posed new tasks 4.2.3 Proposing methods of the decentralization of state management to the ward government in Hanoi City requirements, including decentralization of state management from a According to the existing regulations, the district government in Hanoi is superior to an inferior government to promote dynamism, creativity, currently performing the tasks decentralized by the city government, which autonomy, responsibility of governments at all levels, to improve the public is stated in the legal normative documents on decentralization Hanoi City administration’s effectiveness, efficiency, to enhance the capacity of People's Committee requests the urban districts, rural districts to decentralize administration by sector, by territory, socio-economic development their tasks to the commune, ward, and town governments when appropriate The Communist Party of Vietnam has emphasized the role, importance of and after obtaining the approval of the city government the administrative reform, especially decentralization of state management Therefore, the Government should implement the tasks stated in the The 2013 Constitution prescribes and defines jurisdiction of the central and Resolution No 97/2019/QH14 A suggestion is to promulgate a legal local authorities and jurisdiction of each level of local government normative document to implement the Resolution which is the Government Accordingly, the existing legislation concretizes the Constitution provisions Decree Accordingly, the issues of decentralization of the tasks to the wards on decentralization and the decentralization to local government must be in Hanoi City, principles and directions for implementation of specified in the legal normative documents of the decentralizing state body decentralization will be specified in the Government Decree which provides The practice of decentralization of state management has revealed many shortcomings and limitations, especially there is absence of practical and a basis for Hanoi People's Committee to issue appropriate documents, including the regulations on decentralization appropriate solutions for implementation Governments at different levels Accordingly, the District People's Committee in Hanoi can issue decisions have been confused in implementing the decentralized tasks, which leads to (the legal normative documents) on decentralization of state management to ineffectiveness of state management The decentralization of state the Ward People's Committee; suggestions as follows: management from the city government to the ward governments in Hanoi In the first instance, after consideration, the city government issues City is posing many issues to be studied, especially Hanoi City is preparing decisions which are legal normative documents on decentralization of the to pilot the urban government model The followings are the reasons for tasks of the City People's Committee to the Ward People's Committee for a choosing the research issues: certain period of time First, the Party's regulations are strictly institutionalized, which provides In the second instance, the city government issues legal normative a legal basis for decentralization However, in reality, there have been not documents on decentralization of tasks to the urban district government specific and detailed regulations for implementation of decentralization which decentralizes the tasks to the ward government based on the actual situation and the city’s approval According to the new regulation, the Ward 25 4.2.1.3 The fields of finance - budget 4.2.1.4 The fields of education and health care 4.2.1.5 The fields of construction Second, it is the requirement of improving the effectiveness and efficiency of state management at both central and local levels including the ward level Third, the socio-economic development and the acceleration of the public 4.2.1.6 The fields of culture, sports, and tourism administration reform require a strong focus on the decentralization of state 4.2.1.7 The fields of food safety and hygiene management from the superior to inferior local government 4.2.2 Proposing a roadmap for implementing the decentralized tasks Fourth, it is the role and position of the ward government which is the After the National Assembly’s Resolution takes effect, it is necessary to lowest level in the government system in urban state management and has study, propose the tasks to be decentralized and institutionalize them through the good conditions to perform the tasks transferred by the superior norms to provide the basis for implementation government The performance of the ward governments has a direct impact It is imperative to immediately decentralize the fields directly related to on the lives of the urban residents people such as healthcare, environment, education, training, food safety and Fifth, the decentralization of state management from the superior to hygiene to the ward Specifically, the Ward People's Committee holds the inferior government is in line with the trend in the world in building, main responsibility to superior agencies and the law for the decentralization developing the state apparatus, organizing the state administrative system contents Proposing the time: After the legal normative documents of the The issue of "Decentralization of state management to the ward competent agency regulating the decentralized tasks take effect In 2021, government in Hanoi City" is chosen for research to propose solutions for legal normative documents of the Government will concretize the Resolution appropriate decentralization of state management to the ward government in of the Government; therefore, the decentralized tasks are to be implemented Hanoi City in the context of piloting the urban government model to serve in 2021; the achievements have to be maintained and promoted while the administrative reform shortcomings and difficulties in implementing the decentralized tasks are to The research objectives and tasks be solved in the following years 2.1 Research objectives It is necessary to implement a long-term roadmap for the fields of culture, To develop scientific rationales, propose solutions for decentralization of sports, tourism, construction, finance, budget which directly affect the state management to the ward government so that the ward governments economic, spiritual benefits of the people; to prepare good physical facilities, could better perform their functions and tasks in the context of piloting the technical infrastructure, human resources, other resources when receiving the urban government in Hanoi City decentralized tasks As soon as the legal normative document on the 2.2 Research tasks decentralization to the ward government takes effect, the Ward People's First, to provide a literature review of the research works related to the Committee should elaborate a plan for implementation, submit regular, dissertation, to assesses the results of the research works and identify the consolidated, irregular reports to the decentralizing government to provide issues that need further research 24 Second, to clarify the theoretical issues of the ward government, necessity of decentralization; content, form, method, determinants of decentralization; international experience and lessons learnt for Vietnam decentralization of state management to the ward governments; assess the implementation of the decentralized tasks based on sociological survey to propose viewpoints and solutions management from the city, district to the ward government in Hanoi 4.1.1 Aligning with the Party's guidelines, State legislation and public Third, to survey, assess the system of political, legal institutions on the Fourth, 4.1 The viewpoint of the appropriate decentralization of state for appropriate decentralization of state management to the ward government in Hanoi Research objects and scope policies 4.1.2 Completing the functions and tasks, improving effectiveness and efficiency of the ward governments 4.1.3 Contributing to the development of Hanoi City a politico administrative, cultural, scientific, educational, economic, and international transaction center 3.1 Research object 4.1.4 Aligning and being consistent with the Law on the Capital, the The doctoral dissertation studies the decentralization of state management to the ward government in Hanoi City 3.2 Research scope socio-economic development planning of the City, ensuring transparent, effective management 4.1.5 Being commensurate with the management capacity of the ward Scope of time: From 2015 up to present, that is since the Law on Organization of local governments in 2015 stipulates the decentralization Scope of space: For conducting a sociological survey for the doctoral dissertation (in 2019), the scope of space is defined as the ward governments in Hanoi, including 177 wards in 12 urban districts including Son Tay town and wards of Son Tay town As of February 2020, according to the Resolution No 895/NQ-UBTVQH14 dated February 11, 2020 on the arrangement of administrative units at commune level in Hanoi City, the number of wards in Hanoi City has decreased to 175 wards Scope of content: The dissertation clarifies the content proposed for administrative apparatus, increasing autonomy and self-responsibility when piloting the urban government model 4.1.6 Contributing to the promotion of balanced, harmonious development of the ward residential blocks 4.2 Solutions for the decentralization of state management to the ward government in Hanoi 4.2.1 Proposing the contents of decentralization to the ward government in Hanoi City 4.2.1.1 Fields of planning, socio-economic development and plans 4.2.1.2 Fields of investment, transportation, urban infrastructure decentralization; the mode of decentralization from Hanoi City government + The field of investment in small construction works to the inferior governments which is specified in the legal normative + The field of public lighting management documents of the former; the conditions to ensure decentralization + The field of parks, flower gardens, trees, grass Methodology and research methods + The field of urban drainage management, waste treatment 4.1 Methodology + The field of environmental sanitation management + The field of traffic order in the ward area 23 Fourth, the ambiguity in identification of decentralization of tasks results The dissertation uses the methodology of the dialectical, historical in the fact that the superior governments assign more work and force the ward materialism governments to accomplish without transferring power and resources; and requirements, strengthening decentralization from the superior to the inferior often, the ward governments ask the urban residential blocks to the work governments, including decentralization to the ward government Fifth, the accountability of the ward government, district government for performing the tasks to the city government is not clearly defined of the ward administrative body has revealed many inadequacies to justify the decentralization 4.2 Research methods synthesis, system, and sociological survey Scientific hypothesis and research questions Seventh, there is no innovation in decentralization from the superior governments to the ward government of checking and Marxism-Leninism The dissertation uses methods of comparison, statistics, analysis, Sixth, the implementation of the regulation on responsibility of the heads Eighth, the mechanism of 5.1 Scientific hypothesis The scientific, appropriate decentralization of state management to the supervision of the decentralization is not strengthened ward governments make the ward governments in Hanoi City improve its performance and carry out its functions and duties better in the context of implementing the urban government model 3.3.3 Reasons of the weaknesses First, the legal basis for decentralization from the city government and district government to the ward government is still incomplete and inconsistent 5.2 Research questions Why decentralization of state management to the ward governments needed? What are determinants of the decentralization of state management Second, in addition to the lack of specific regulations, the sanctions for not accomplishing the assigned tasks are not available nor clearly defined Third, inadequate attention, lack of determination in leadership, direction, organization, administration, check, supervision Fourth, the difference in the economic condition, income sources between wards in Hanoi leads to difference in welfare benefits for people Fifth, the superior government has not paid adequate attention, had no determination in leadership, direction, organization, administration, checking and supervision of the task performance Conclusion of Chapter CHAPTER VIEWPOINTS, SOLUTIONS FOR THE to the ward governments? What is international experience in decentralization? How the decentralization of state management to the ward governments in Hanoi implemented? How does the decentralization of state management to the ward governments affect the effectiveness and efficiency of Hanoi City government? What solutions are needed for appropriate decentralization of state management to the ward governments in Hanoi? What are the methods for effective decentralization? What are conditions to ensure decentralization? Scientific and practical significance of the dissertation 6.1 Theoretical significance of the dissertation The doctoral dissertation provides theoretical arguments on the necessity DECENTRALIZATION TO THE WARD GOVERNMENT IN of the decentralization of state management to the ward governments in HANOI CITY Hanoi; thereby proposes the decentralization to the ward governments in 22 Hanoi City in reality, in line with the development trend of the City, the Party's guidelines, and the Resolution of the National Assembly Fourth, the decentralization has promoted coordination among levels, sectors, localities, especially coordination between the agencies performing The dissertation’s research results can be used as theoretical rationales for identifying the content, method of decentralization of state management in the decentralized tasks and socio-political organizations in Hanoi, which makes the state management, task performance more effective Fifth, the decentralization promotes social consensus as a result of timely general and the decentralization to the ward government in particular 6.2 Practical significance of the dissertation dealing with the conflicts and problems of the people at the agencies and units The dissertation shows the actual situation of the decentralization of state performing the decentralized tasks management in Hanoi, in particular the decentralization to the ward 3.1.1.2 From the perspective of task performance of the ward government, provides rationales for leaders and managers to implement the governments complying with the direction and tasks assignment of the building of grassroots level governments, the decentralization of state district government First, the ward government always shows its readiness when being management to the ward governments in Hanoi in the future The research results allow to work out feasible, appropriate solutions for assigned the task of implementation and execution decentralization, propose the decentralization of specific tasks to the ward Second, the readiness in performing the tasks of the ward governments governments in Hanoi, clearly distinguish the urban government’s tasks from contributes to the success and is an important solution for the district the rural government’s ones in accordance with the 2013 Constitution government to accomplish its tasks in the assigned field and functions At the New contributions of the dissertation same time, the activities of the ward government contribute to the 7.1 Theoretical contributions acceleration of the public administrative reform in the ward area on Third, the ward government is the lowest level of the urban government, decentralization of state management in general and decentralization of state the closest to the people; therefore, the implementation of the tasks management to the ward governments in Hanoi in particular It contributes decentralized from the district government has an "immediate" impact, to the theory of organization, operation of the local government in Vietnam greatly affecting the rights and interests of the people living in the ward The dissertation contributes to the theoretical arguments at present 3.3.2 Weaknesses in the decentralization of state management from the 7.2 Practical contributions city, district governments to the ward government in Hanoi According to the Resolution of the National Assembly on piloting the urban government model in Hanoi City, the local government of the wards of the districts and towns in Hanoi City is the Ward People’s Committee The doctoral dissertation proposes solutions for the decentralization of state management to the ward governments in Hanoi in terms of the following tasks: Planning, socio-economic development plans; Investment, First, there are no legal normative documents on the decentralization from Hanoi to the ward government Second, there are no legal normative documents on the decentralization from the urban district to the ward government in Hanoi Third, the role of the ward government in making decision on state management issues in the ward area is weak 21 on decentralization from the district government to the ward government; ii) transportation, urban infrastructure; Finance - budget; Education, health care; concerning the tasks to be performed: The ward government performs the Construction; Culture, sports, tourism, food safety and hygiene tasks assigned by the district government Although the guideline of decentralization has been affirmed in the documents of the Communist Party of Vietnam, its realization and The structure of the dissertation In addition to the introduction, conclusion, references, the doctoral dissertation has four chapters institutionalization into legal norms to provide a legal basis for actual Chapter LITERATURE REVIEW OF THE RESEARCH WORKS implementation is still limited At present, there is absence of legal RELATED TO THE DISSERATION regulations on the decentralization of tasks from the city, the district to the 1.1 International research works wards in Hanoi City However, in fact, the tasks currently carried out by the 1.1.1 The research works on grassroots governments wards are assigned by the district in the administrative documents In reality, 1.1.2.The research on decentralization to the grassroots government it is the legal normative documents of Hanoi City which stipulate the 1.2 Domestic research works decentralization of task from the City to the district government 1.2.1 The research works on grassroots government The survey of the doctoral dissertation was conducted in 50 out of 177 1.2.2 The research on decentralization to the grassroots government wards in 12 urban districts in Hanoi with 250 questionnaire respondents who 1.3 Assessment of the research works and issues for further study are civil servants working in the wards in Hanoi City 1.3.1 Assessment of the research works 3.3 Assessment of the decentralization from the city, district to the ward governments in Hanoi, the reasons of the weaknesses 1.3.2 Issues for further study The research gaps have been revealed, specifically: Firstly, the theoretical issues of the decentralization to the ward 3.3.1 Achievements 3.3.3.1 From the management perspective, Hanoi has decentralized tasks to the inferior government which is the district government First, the documents regulate the decentralization from the city to the inferior governments which are urban, rural district governments Second, the regulations on decentralization clearly define management responsibilities of the urban, rural district governments Third, the policies of decentralization and power transfer have increasingly affirmed the role of the urban, rural district governments in Hanoi City, which shows that the growth of a locality depends largely on dynamism and creativity of the local government government The concept of decentralization of state management The content and form of decentralization to the ward government Ward government and its positions, roles, and characteristics Content, form, methods, principles of, and conditions for decentralization to the ward government Secondly, the actual situation of the decentralization of state management from the superior to the inferior governments in Hanoi City and the decentralization of state management to the ward government There have been not many research works on the ward government in Hanoi, considering special characteristics of the urban management in the Capital, the economic, political and social center of the country 20 There has been an absence of research on the actual situation of the decentralization of state management in the ward governments in Hanoi, no reviews of the decentralization from the superior government to the ward - Regulations of the urban districts on giving autonomy, selfresponsibility, assigning tasks to the wards of the urban districts in Hanoi Based on the legal normative documents, the guiding, instructing government in Hanoi Whether the ward governments in Hanoi perform the documents decentralized tasks and whether the superior government decentralizes the decentralization of tasks to the urban districts in the city, the urban districts tasks to the ward government is a gap in the research works It is a new issued Decisions, Resolutions, Dispatches, Notices, Plans to give autonomy research issue, which needs both a review of the actual situation and a and self-responsibility, assign tasks to the wards belonging to the urban sociological survey of the wards in Hanoi City district to perform state administrative management in the ward area and to Thirdly, proposing solutions for the decentralization to the ward government in Hanoi City of Hanoi People's Council, People's Committee on implement the given tasks according to the defined functions and powers 3.2.2 The actual situation of the decentralization of state management Based on the theoretical arguments on decentralization, the actual to the levels of government in Hanoi situation of the decentralization of state management to the ward Except for a number of fields not decentralized by the city government to government, and the decentralization implementation in the ward the district governments, Hanoi City has actively promoted decentralization governments, the dissertation proposes solutions for decentralization to the of administrative management to the urban, rural district governments in ward government in Hanoi It proposes the content, form and mode of the Hanoi City Specifically: decentralization of state management to the ward governments in different 3.2.2.1 Fields of planning, socio-economic development plans aspects in accordance with the functions, tasks, special characteristics of 3.2.2.2 Fields of investment, transportation, urban infrastructure urban management of the government ward in Hanoi City 3.2.2.3 Fields of construction Fourthly, the conditions to ensure the implementation of the decentralization of state management to the ward government in Hanoi City In order to implement effectively the urban government model and the contents, policies, mode of implementing the decentralization of state management to the ward governments in Hanoi, it is necessary to study and clarify the conditions to ensure the implementation of the decentralization The conditions for decentralization are the followings: physical facilities, resources, human resources; natural, economic, social conditions; geographical position and sector development in the urban areas Conclusion of Chapter 3.2.2.4 Fields of finance - budget 3.2.2.5 Fields of land and forest management 3.2.2.6 Fields of education, health, culture, sports and tourism 3.2.2.7 Field of organization, apparatus, personnel, cadres, civil servants, and public employees 3.2.3 The actual situation of decentralization, the achievements of the decentralization of state management to the ward governments in Hanoi The research on the ward government has revealed that: i) concerning legal normative documents: there are no legal normative documents on the principles and contents of decentralization of tasks from Hanoi City government to the ward government; there are no legal normative documents 10 19 3.1.1 Ward as an administrative unit of Hanoi City Hanoi is divided into 30 district-level administrative units including 12 Chapter THE SCIENTIFIC RATIONALES OF THE DECENTRALIZATION OF STATE MANAGEMENT TO urban districts, 17 rural districts, 01 town (Son Tay town) with 584 THE WARD GOVERNMENT commune-level administrative units including 386 communes, 177 wards, 21 2.1 Concepts, necessity of decentralization of the state management townships 2.1.1 Decentralization of state management According to Resolution No 895/NQ-UBTVQH14 dated February 11, 2.1.1.1 Relevant concepts 2020 by the National Assembly Standing Committee on the arrangement of - Decentralization commune-level administrative units of Hanoi City, there are 175 wards in - Decentralization of state management Hanoi City as a result of the arrangement This concept means in the doctoral dissertation as follows: "The superior Wards in Hanoi are a type of organization of administrative units state body transfers a number of tasks and powers to the inferior state body belonging to the urban district of the centrally run city Therefore, the ward to perform the tasks under the jurisdiction of the superior in a regular, area is the place where the central agencies and the city often organize continuous manner or at certain time, checks and supervises the task important political, economic, cultural, social, security - defense activities implementation of the state body which is transferred the tasks in order to Wards are grouped into those located in the urban areas and those on the peri- enhance the quality, effectiveness and efficiency of state management" urban areas, into the urbanized ones and the urbanizing ones 3.1.2 Functions, tasks, and organizational structure of the ward 2.1.1.2 Approaches to decentralization of state management First, decentralization from a political perspective Second, decentralization from economic and managerial perspectives governments in Hanoi City According to Article 58 of the 2015 Law on Organization of local 2.1.2 The ward government in the system of urban governments governments, the ward government is a complete level of government with 2.1.2.1 Urban government an organizational structure consisting of the Ward People's Council and the An urban area is a politico- administrative, economic, cultural, sport, Ward People's Committee educational, science - technology center of a country as a whole, a region, a 3.2 The actual situation of the decentralization to the ward province or a district; is the place where important economic establishments and physical infrastructure are concentrated government in Hanoi City 3.2.1 The system of political, legal institutions on decentralization of Urban governments in different countries have different functions, tasks, and organizational structure; however, they often directly provide the state management - Regulations of the Party, legislation on decentralization following public services to the people: garbage collection and waste - Regulations of Hanoi City on decentralization of state administrative treatment; water supply and drainage; environmental services , public management lighting, parks; recreation, entertainment areas; health and educational services; traffic; urban planning; public works and housing; firefighting, etc 18 11 Urban governments also perform other functions and tasks as prescribed by 2.3.3 Ward territory and resident community determinants law, including those within the functions of the superior government but 2.3.4 Territorial economy determinants decentralized to the urban government to implement 2.3.5 Ward government capacity determinants 2.1.2.2 Characteristics of the urban government 2.3.5.1 Capacity of the organization and apparatus, resources First, it is an independent administrative unit 2.3.5.2 Capacity of public service delivery Second, it performs the function of state management of various fields in 2.4 Decentralization of state management from the city to the the urban areas grassroots government in selected countries and the lessons learned Third, it has functions to distribute, provide public services to meet the more diverse needs of the urban residents than ones of the rural people 2.4.1 Regarding the decentralization of state management from the city government to the grassroots government 2.1.3 Ward government and its position, role, and characteristics 2.4.1.1 Federal Republic of Germany Ward government means an organization which lies within an urban area 2.4.1.2 French Republic or belongs to a city government Each country has regulations on functions, 2.4.1.3 Japan tasks, organizational structure, and powers of this type of administrative unit 2.4.2 Lessons learned Different countries may call it by different names, but the common feature of First, it is necessary to clearly define jurisdictions of the grassroots this type is that it is very close to the locality Article 58, the 2015 Law on Organization of local governments defines a local government in wards as: “a government at local level consisting of the Ward People’s Council and the Ward People’s Committee” The National government, their distinct jurisdictions, and decision-making under the defined jurisdiction Second, the mechanism for task implementation is streamlined and unnecessary intermediaries are reduced Assembly’s Resolution has recently proposed a pilot urban government Third, the rational decentralization results in positive achievements model The old concept has changed Accordingly, the local government in through improving autonomy, creativity, and performance of the grassroots the wards in the urban districts, towns in Hanoi is the Ward People’s government Committee The People 's Committee is a state administrative body in the ward, performing the tasks, powers in accordance with this Resolution, the Fourth, the grassroots government must have sufficient resources and means to perform the functions decentralized by the superior government decentralization, delegation from the City People's Committee, the Conclusion of Chapter Chairperson of the City People's Committee, the District People's Chapter THE ACTUAL SITUATION OF THE Committee, and the Chairperson of the District People's Committee DECENTRALIZATION TO THE WARD GOVERNMENT IN Position and role of the ward government The ward government represents the will, aspirations, and interests of the people living in the ward HANOI CITY 3.1 The actual situation of organization and operation of the ward government in Hanoi City 12 17 whether it continues decentralization, suspends decentralization, or transfer functions and tasks to other levels of government In addition, there should be a strict, transparent sanction system to handle violations caused by the inferior administrative bodied and deal with those individuals who commit wrongdoings in performing the decentralized tasks Legal normative documents should be promulgated to govern and specify the functions and tasks to be decentralized Conditions of the government receiving the decentralized tasks There should be necessary conditions e.g physical facilities, resources, capacity to perform the decentralized tasks It is necessary to prepare human The ward government is an important part of the state apparatus, performing the state administration function at grassroots level Characteristics of the ward government The ward government operates in the urban areas which are densely populated and performs the mandated tasks at high frequency The tasks of the ward government are mainly related to the execution and implementation; the ward cadres and civil servants work under great pressure and sometimes suffer work overload to perform the assigned tasks 2.1.4 Decentralization of state management to the ward government is indispensable resources consisting of the qualified, experienced people who have good Decentralization of state management to the ward government is an understanding of the decentralized tasks to perform effectively Plans for objective requirement to promote the interests of the locality, strengthen responding, handling challenges, difficulties in performing the decentralized democracy and autonomy in administrative management tasks should be prepared It is necessary to consult the superior government, In the context socio-economic development, the State should take coordinate with other agencies, units in performing the decentralized tasks solutions to improve management performance, including the solutions for Preparation of physical facilities and people is an important condition for decentralization to the ward government decentralization guarantee The decentralized task implementation of the ward government should be closely linked with financial resources for complete and effective decentralization Public participation should be taken into account through activities of the public, representative bodies It is a measure of openness, transparency in the decentralization process The effectiveness of the decentralization of state management is revealed through the people’s feedbacks, activities, and satisfaction In addition, there should be a condition to ensure an appropriate mechanism for people to give opinions and express their needs in a democratic, open manner to the government to deal with 2.3 Determinants of the decentralization to the ward governments 2.2 Contents, forms, methods, principles and conditions for the decentralization of state management to the ward government 2.2.1 Contents of decentralization First, decentralization of functions of state management: - Decentralization of state management of economic affairs, planning, and investment - Decentralization of state management of environment, land, construction, urban transport, cultural and social affairs - Decentralization of state management of health care and education: The ward government is responsible for community health care and education from pre-schools to lower secondary schools 2.3.1 Institutional determinants 2.3.2 Tradition, socio-cultural environment determinants 16 13 - Decentralization of state management of budget: The ward government The decentralization of state management is stipulated in the Constitution makes decisions on budgeting, collects fees and contributions of the people as general principles and specified in laws Many countries have separate living in that ward to serve the ward laws on decentralization to increase the effectiveness of state management - Decentralization of state management of personnel and promote development of grassroots governments To specify Second, decentralization of state management of public service delivery decentralization in laws is an effective method, providing a legal basis for in the ward governing, compliance, and enforcement Public service delivery is the most decentralized area; the decentralization In addition, for effective decentralization, a specialized agency for depends on the responsiveness of the ward government and consideration of decentralization under the Government or the Prime Minister is established the interest of the beneficiaries and the government which provides services in some countries The public services are more decentralized as follows: public transport, water 2.2.4 Principles of decentralization supply, pollution and garbage treatment services, sanitation service, health Ensuring the principle of the Government's unified management of care services institutions, strategies, planning, inspection and checking in the operation of 2.2.2 Forms of decentralization the state apparatus Promoting decentralization to inferior governments while There are various ways to categorize the forms of decentralization ensuring the consistency and smooth in the direction and administration of because the categorization criteria are flexible and decentralization is a special activity that is both political and professional, a combination of administration by sector and administration by territory Therefore, in the the Government Ensure the principle of combination of administration by sector and administration by territory scope of this doctoral dissertation, forms of decentralization are relatively Ensuring the principle of effective decentralization categorized, based on the operational model of state management and the Ensuring the principle of matching and balance of resources, economic functions, tasks of the state bodies The categorization of forms of and social conditions of both the decentralizing government and the decentralization does not mean these forms are independent and separate government which is given the decentralized functions to perform from each other, rather the categorization helps review each aspect of state 2.2.5 Conditions to ensure decentralization management Therefore, forms of decentralization can be seen from three Decentralization is an inevitable trend in modern society to mobilize perspectives: devolution; power transfer; delegation 2.2.3 Methods of decentralization The method for effective decentralization of state management is to specify in legal normative documents which provides a legal basis for the ward government to perform the decentralized tasks resources of the local governments for socio-economic development The conditions to ensure decentralization should be seen from both sides Conditions of the decentralizing government There should be tools to effectively control the performance of the decentralized tasks Strict control and evaluation of the decentralized task accomplishment provide a basis for the superior government to consider 14 15 ... on the necessity DECENTRALIZATION TO THE WARD GOVERNMENT IN of the decentralization of state management to the ward governments in HANOI CITY Hanoi; thereby proposes the decentralization to the. .. assigning tasks to the wards of the urban districts in Hanoi Based on the legal normative documents, the guiding, instructing government in Hanoi Whether the ward governments in Hanoi perform the. .. wards in Hanoi City district to perform state administrative management in the ward area and to Thirdly, proposing solutions for the decentralization to the ward government in Hanoi City of Hanoi