Hành chính công là gì? Dịch vụ hành chính công tại Việt Nam?

What is public administration? Public administrative services in the Vietnamese administration? Regulations on conditions and requirements for agencies and organizations providing public services in the administrative field?

As we have seen with state administrative agencies, administrative procedures, public administrative services are very common in the process of carrying out administrative procedures. So what is public administration, public administrative services in the Vietnamese administration?

1. What is public administration?

Public administration is understood as an institutional system, organizational structure and contingent of public servants performing public duties; Public administration is the process by which public resources and personnel are organized and coordinated in order to create, put into operation, implement and manage public decisions guaranteed by the public service regime with administrative responsibility. strictly, coherently.

The basic contents of the law on public services in the administrative field in Vietnam today:

Whether it is stipulated in various legal documents such as laws of the National Assembly, decrees of the Government or circulars of ministers, decisions of the People’s Committee, the law on public services in the field of administrative The main content includes two main areas of content: Regulations on organization and provision of services and regulations on state management of public services in the administrative field.

Regulations on organization and provision of public services in the administrative domain Law provisions on organization and provision of public services in the administrative domain are the basic contents of one or a number of normative documents. legislation for a particular service. Regulations on organization and provision of public services in the administrative domain include specific contents: principles of services; conditions and requirements for service-providing agencies and organizations; rights and obligations of the parties; procedures for performing public services in the administrative domain.

2. Public administrative services in Vietnamese administration:

* Principles of public service in the administrative field Principles are guiding ideas for the organization and provision of services and are the most basic guarantee for service provision to achieve the purposes desired by the State. would like. The principles are prescribed by law in accordance with each service group or each specific service. In general, the following principles are recognized in service legislation:

Principles of compliance with the Constitution and laws:

In the State of law, the rule of law holds the dominant position and any acts and activities of any agency, organization or individual must comply with the provisions of the law. Public services in the administrative field are activities that are both related to the interests of the state and associated with the rights and interests of individuals and organizations, so the principle of compliance with the Constitution and the law is emphasized even more. This principle is directly stipulated in the Law on Notary Publication, the Law on Legal Aid, Decree No. 83/2007/ND-CP On Registration of Secured Transactions, Decree No. 77/2008/ND-CP On Consulting juridical. Decree No. 158/2005/ND-CP On civil status registration and management, Decree No. 43/2010/ND-CP On business registration.

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Principle of objectivity and accuracy:

The principle of objectivity and accuracy is an indispensable requirement to ensure that there is no bias for the interests of state agencies as well as to limit the abuse of power and abuse of power by these agencies when meeting the requirements of the State agencies. individuals and organizations. This principle is also a guarantee for service quality, ensuring not for profit or profit to distort the nature of the case with services provided by public service organizations of individuals and organizations. The principle of objectivity and accuracy is directly stated in many legal documents on specific instrumental services such as the Law on Notary. Decree No. 43/2010/ND-CP On business registration, Decree No. 83/2007/ND-CP On registration of secured transactions, Decree No. 77/2008/ND-CP ON legal advice. Decree No. 158/2005/ND-CP On civil status registration and management.

Principle of publicity Publicity creates favorable conditions for individuals and organizations when participating in a specific service, publicity is also the basis for monitoring, checking and evaluating service provision, through which promptly detect errors and violations. Publicity is also an important money to encourage healthy competition among agencies, organizations and individuals involved in providing public services in the administrative field. The principle of openness can be specified directly or indirectly in most legal documents on public services in the administrative field in the spirit of Decision No. 93/2007/QD – TTg dated 22 June 2007 of the Prime Minister promulgates Regulation on implementation of OSS mechanism, inter-connected OSS mechanism at local state administrative agencies. “Disclosure of administrative procedures, fees and charges, papers, records and time to deal with organizations and individuals”

* Forms of public service provision in the administrative field The form of public service provision in the administrative field is the way in which the service is organized and delivered to the customer. The form of service delivery is formed with the following elements: the content of specific tasks to be performed in each service, the organizational structure elements, the personnel organization, the financial revenue and expenditure mechanism, etc. of the participating entity.

According to the law, the current forms of public service provision in the administrative field in Vietnam include: Provision of public services in the administrative field of administrative agencies

Administrative agencies from the central government (Ministries, ministerial-level agencies) to localities (People’s Committees at all levels) are regulated with the authority to provide public services in the administrative domain. The law also stipulates the provision of services to agencies under ministries and ministerial-level agencies; Specialized agencies of the People’s Committees of provinces and districts shall implement. For specific services related to the tasks of many government agencies, the agencies must coordinate with each other in the process of performing the service. Currently, service-providing administrative agencies fall into all four categories, with licensing, registration and certification almost exclusively carried out by administrative agencies.

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Provision of public services in the administrative field of public service organizations of the State. In order to separate the oil between management tasks and the provision of public services in the administrative domain to the people, the law prescribes the method of service provision of public service organizations in the specialized administrative domain. government public service). State-owned public service organizations are non-business units under administrative agencies, performing services with specialized and professional requirements, and at the same time, services that are in great demand by society. . Each public service organization of the state provides only one or a number of related services, for example: Public office performs notarization activities: Land use right registration office performs registration land use rights, ownership of houses and other land-attached assets; State legal aid centers provide legal advice, appoint people to participate in legal proceedings, represent outside the proceedings and provide other forms of free legal aid to social policy beneficiaries. Currently, the power to provide services to public service organizations of the state has not been extended, but the services that these organizations provide are services that are in great demand.

Providing public services in the administrative field of individuals and organizations.

According to the individual law, organizations participating in the provision of services must establish public service organizations in the administrative domain (public service organizations of individuals and organizations), operating under the business model. conditional enterprises, placed under the direct management of competent state agencies. These organizations provide services and collect fees as required by law. Phi is a source of income to cover operating expenses for the organization. The law has not yet expanded the participation of individuals and organizations in providing public services in the administrative field. At present, there are only three models of non-state public service provision: notary offices are organizations of self-employed notaries; legal consulting centers of political, socio-political organizations, universities and research institutes specializing in law; the bailiff’s office (which is piloting in Ho Chi Minh City).

3. Regulations on conditions and requirements for agencies and organizations providing public services in the administrative domain:

Public services in the administrative field are activities with high professional and professional requirements, so the law strictly stipulates the conditions and requirements for agencies, organizations and individuals directly performing the service. service. Professional and professional requirements: Professional and professional requirements are set forth for all individuals directly performing the service. These are necessary conditions for those who directly perform the services to be able to perform the service, and to perform the service with quality and efficiency. For each specific service, the law has its own regulations on professional transfer in accordance with the content and nature of that service.

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Cadres and civil servants in state agencies, public employees in state-owned public service organizations require professional qualifications to see the actual recruitment and appointment. Depending on the specific job, the person being recruited or appointed must meet the requirements of qualifications, acquired expertise, relevant skills and professions, for example, a person who is recognized as a legal assistant. The lawyer must have a bachelor’s degree in law and a certificate of legal aid training under Article 21 of the Law on Legal Aid; civil status judicial officers at the commune level with an intermediate degree in law or higher, and receive professional training in civil status work according to Article 83 of Decree No. 158/2005/ND-CP on household registration and management president. For individuals performing services in public service organizations of individuals, organizations or competent state agencies, they shall recognize or appoint them when they satisfy the prescribed professional and legal conditions. estimate. For example, a person appointed as a bailiff must have a bachelor’s degree in law and a certificate of completion of a training course on the profession of bailiff according to Article 10 of Decree No. 61/2009/ND-CP.

In addition, the law also stipulates that administrative agencies and public service organizations must have enough qualified human resources to perform the service, for example according to the provisions of the Law on Notary Public, state agencies have the authority to decide to set up public rooms and notary offices when there are notaries working. Financial conditions: Financial conditions are important conditions that public service organizations must meet to ensure the performance of services and take responsibility for their service activities. For administrative agencies, the provision of public services is a task of the agency, so funding is provided from the state budget. For service organizations under non-operating administrative agencies, they are also guaranteed from the state budget. However, the law stipulates that an organization can conduct profit-making activities. Individuals and organizations wishing to establish public service organizations must meet financial requirements to be permitted by competent state agencies.

Conditions of facilities: Physical facilities as prescribed by law are the headquarters, working equipment to perform services or perform archiving and preservation of records, etc. For example, according to regulations In Articles 25 and 27 of the Law on Notary, in the proposal to establish a notary office and a notary office, there must be an explanation of the location of the head office and other physical conditions for the operation of the notary office and notary office. .

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