Hành chính nhà nước là gì? Đặc điểm và sơ đồ của bộ máy hành chính nhà nước?

What is public administration? What is the role of public administration? Features and diagrams of the state administrative apparatus?

The state apparatus is a unified whole, made up of state agencies. The Vietnamese state apparatus consists of four main body systems: the legislative body, the administrative agency, the court agency, and the procuracy. The law of Vietnam places a very large role on the legislative body, not only establishing other systems of agencies but also acting as a general directing and supervising body. However, the executive body of the National Assembly is the Government (the highest state administrative agency), which also plays a very important role in state management and implementation of documents promulgated by the National Assembly. The system of agencies is headed by the Government, performing the executive function is the state administrative agency. State administrative agency is a type of agency in the state apparatus established according to the constitution and law, is a part of the state administrative apparatus to exercise state power, has the function of managing state administration in all areas of social life.

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1. What is state administration?

For a country, the state apparatus plays a very important role, this is a unified whole in terms of organizational structure, state administrative agencies. They are components that hold an important position of a country. Accordingly, the state apparatus is also understood as the totality of executive-executive agencies set up by the National Assembly or the People’s Councils at all levels to comprehensively manage or manage industries and fields throughout the country or across the country. certain territory.

State administration is the exercise of the executive power of the state, that is the execution and operation of the state administrative system in social management in accordance with the framework of state law in order to serve the people. maintain the stability and development of the society.

State administration is a diverse activity, involving many different fields, industries and professions. Therefore, the nature of state administration has a very broad connotation, both political and legal in nature, as well as a management activity and a profession.

– Political state administration:

+ State administration does not exist outside the political environment, it serves and obeys politics. So it’s political in nature.

+ State administration implements the goals and tasks established by politics; it participates in the legislative process; it is not only the subject of policy implementation but also policy issuer; It serves the interests of the people and the public interest.

– State Administration legal:

+ State administration operates within the framework of the law, according to the instructions of the state; at the same time, state administrative subjects are responsible for organizing law enforcement and bringing laws into social life.

see more: What is a state administrative agency? Characteristics and classification?

+ State administration performs the function of making regulations – that is, issuing specific legal documents and guiding the implementation of laws.

State administration is the management activity:

+ State administration is a part of state management, bearing the nature of state management. It is engaged in state management.

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+ State administration is the executive function of the state – the function of implementing laws and policies. It coordinates with social organizations and individuals to achieve the most common goal:

In addition, public administration is both a science and an art, and is hierarchical in general management…

– State administration is a profession:

+ The administrative profession is a general profession, requiring a team of cadres and civil servants to have certain qualifications, expertise and profession – that is, they are professional administrators.

+ Administration is the profession of intellectual labor which is the profession of realizing the ideas of political subjects. Most countries in the world consider administration a noble profession in society.

see more: State administrative agencies – The most important state administrative management entity

2. Role of state administration:

State administration plays an important role in the existence and development of each country and state. The role is represented as follows:

The central state administration performs state administrative management activities of a general and macro nature based on the political, economic and social conditions of the country to implement regulation-making activities of a national nature. general guidelines for the whole country to implement in detail the implementation of law enforcement organizations. At the same time, ensure the uniform state administrative management (law implementation) throughout the entire national territory.

The central state administration is responsible for formulating general policies on national domestic and foreign affairs; represent the national interests, not affected by the interests of localities; ensure coordination of national interests, local common interests and control all social management processes.

Realize the goals and ideas of politicians – representatives of the people. This role comes from the executive function of state administration. State administrative subjects are responsible for complying with decisions of political agencies in order to achieve the political goals of the country, serving the interests of the country and the people.

Managing socio-economic activities in order to achieve the goal to the maximum extent and with the highest efficiency. This role comes from the specific functions of state administrative management: orientation (through planning and plans), adjustment of social relations (through promulgation of regulatory documents); guide and organize the implementation of the Constitution, laws, policies…; examine, inspect and handle violations of the law.

Maintain and promote development-oriented society. In order to perform well these two roles, the administration is always responsible for maintaining and creating favorable conditions for the development of social constituents: maintaining and developing resources, creating material resources, effectively use financial resources, develop human resources, overcome market failures or consequences caused by errors of state administration…

Ensure the provision of public services to the society. Along with the development of society and the democratization of social life, this role becomes more important and expanded. After all, state administration is established to serve the interests of the people as the subject of society, the subject of state power.

3. Features of the state administrative apparatus:

The state administrative apparatus has the right to enter into legal relations in the name of the state in order to exercise legal rights and obligations with the aim of reaching public interests. The manifestation of state power is that: The state administrative apparatus has the right to issue legal documents such as decrees, decisions, directives and can apply coercive state administrative measures. certain.

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see more: What is bidirectional dependency? The two-way dependence of state administrative agencies

The state administrative apparatus system has an organizational structure suitable to the functions, tasks and powers prescribed by law. In other words, the state administrative apparatus has relative independence in terms of structure – organization (with the structure of the apparatus, and the internal working relationships of the agency are regulated, first of all, the tasks of the state administrative system). The organizational structure of the state administrative apparatus is specified in specific legal documents such as the Law on Organization of the Government, the Law on Organization of the People’s Councils and the Commission. People’s Committee…

The state administrative apparatus is established and operates according to the provisions of law, has its own functions, duties, and powers and has coordination relationships in performing assigned tasks with other agencies in the country. state apparatus whose relationship is regulated by a certain authority prescribed by law – that is, the sum total of general rights and obligations and specific powers of power – legal that the state confers on. to perform the tasks and functions of the state.

The main human resource of the state administrative apparatus is the contingent of cadres and civil servants, formed from recruitment, appointment or election according to the provisions of the Ordinance on Cadres and Civil Servants.

The system of state administrative apparatus is established from the central to the grassroots level, headed by the Government, forming a unified whole, organized in a hierarchical system, closely interdependent. on organization and operation in order to exercise the right of state administrative management.

The authority of the state administrative apparatus is prescribed by law on the basis of a general territory, industry or field of expertise. Those are administrative legal rights and obligations limited to the scope of executive and executive activities.

The state administrative apparatus has a system of affiliated grassroots units. The basic units of the state administrative apparatus are the places that directly create material and spiritual wealth for society. Most agencies with administrative management functions have affiliated grassroots units.

4. State administrative apparatus diagram:

Congress

The National Assembly is the highest representative body of the people, the highest organ of state power of the Socialist Republic of Vietnam. According to the 2013 Constitution, the National Assembly exercises constitutional rights, legislative powers, decides on important issues of the country, and supremely supervises the activities of the State. The tasks and powers of the National Assembly are prescribed in Article 70 of the 2013 Constitution.

see more: Relationship of local state administrative agencies

President

The President is the Head of State, representing the Socialist Republic of Vietnam in domestic and foreign affairs (Article 86); duties and powers are specified in Article 88 of the 2013 Constitution.

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Government

The Government is the highest state administrative body of the Socialist Republic of Vietnam, exercising executive power, and the executive body of the National Assembly. The Government has the task of uniformly managing all aspects of social life on the basis of the Constitution and laws.

Ministries and ministerial-level agencies

State administrative agencies at the central level, in addition to the Government, have 22 ministries and ministerial-level agencies, including 18 ministries and 4 ministerial-level agencies.

Under the Ministry are specialized agencies for the professions under the Provincial People’s Committee (not the State administrative agency) are Departments such as Department of Justice, Department of Finance, etc. service to assist in the operation and implementation of the direction of the provincial People’s Committee on such trades in the locality.

Under the department are specialized agencies belonging to the district-level People’s Committee (not a state administrative agency) which are departments such as the Department of Education and Training, the Department of Health…

see more: What is a state regulatory agency? System of state management agencies?

Judicial authorities

Judicial bodies include:

– Supreme People’s Court.

– Local People’s Court.

– Military court.

– Courts prescribed by law.

The task is to try and settle criminal, civil, labor, marriage and family cases… to protect the legal order. The principle of operation of the court is independent of the judiciary, only obeying the law.

Supervision agencies

see more: Competence to issue decisions to temporarily suspend work or temporarily transfer to other working positions in state administrative agencies

The supervisory authorities include:

People’s Procuratorate of the Supreme.

– Local People’s Procuracy.

– Military Procuracy.

The task is to supervise the observance of the law and exercise the power to prosecute the state within the jurisdiction prescribed by law, to ensure that the law is strictly and uniformly observed.

Local government

The People’s Council is the local state power agency, representing the will, aspirations and mastery of the People. superior state. The People’s Council decides on local issues prescribed by law; supervise the observance of the Constitution and local laws and the implementation of resolutions of the People’s Council (Article 113).

The People’s Committee at the local government level, elected by the People’s Council of the same level, is the executive body of the People’s Council, the local state administrative agency, and is accountable to the People’s Council and other relevant agencies. superior state administration. The People’s Committees organize the implementation of the Constitution and laws in their localities; organize the implementation of resolutions of the People’s Council and perform tasks assigned by superior state agencies (Article 114).

see more: The dependence of the State administrative agency on the State power agency of the same level

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