Improving Quality of Administrative Decisions

Good administrative procedures will reduce complaints.

Photo: Local people do administrative procedures at Bien Hoa City Police.

Dong Nai is one of the fastest and most dynamic economic growth in Vietnam. With a flexible application of Party/State policies, this province has attracted a large number of companies and businesses to invest in projects and infrastructure. This also leads to other problems that arise in social life, including complaints, disputes related to land projects, administrative procedures, etc.

A lot of administrative problems

Through inspection and settlement administrative cases in 2020, the Provincial People’s Procuracy identified the main administrative cases on disputes and complaints related to the land field. In which focus on land acquisition, clearance, compensation and resettlement policy after land acquisition, granting of land use right certificates for people as well as penalties for administrative violations in the field of land management. In addition, there are also a number of lawsuits that decide to sanction administrative violations in the field of road traffic, construction and taxation, etc.

Evaluation of Provincial People’s Procuracy shows that although legal policies on land, compensation and land clearance have been completed, they have been slowly implemented in practice, which is also the cause of citizen lawsuits. In addition, some people have low understanding of the law, in which cases of unwarranted requirements also give rise to unnecessary administrative lawsuits.

According to the Provincial People’s Procuracy, in 2020, the coordination among departments, branches and unions in settling administrative lawsuits has been seriously implemented and has achieved many positive results. In particular, heads of departments and chairmen of district-level People’s Committees have strictly followed regulations on appointing representatives and legal rights defenders to participate in settlement of administrative cases.

To “join hands” in solving difficulties and problems

According to the Provincial Inspectorate, in recent years, with the direction of Provincial Party Committee, People’s Committee, all levels and sectors have done well the citizen reception, complaints settlement and denunciations under their competence to limit the arising of new complicated cases; focus on handling and resolving complicated cases when newly arising, not forming ‘hot spots’. In addition, many departments, branches, units and localities have innovated in its activities related to administrative procedures including receiving, responding and solving problems related to complaints and denunciations. This sign shows that the administrative reform and renovation in the activities of the state administrative agencies of the province have had many positive changes.

In 2020, state agencies have accepted and resolved 626 complaints (including 557 complaints, 69 denunciations), of which 489 new receipt.

Through the inspection and inspection of the Provincial Inspectorate, it is found that the rate of settling complaints and denunciations under their jurisdiction is not high because some localities have concentrated volume of complaints at the same time; In some difficult cases, it is necessary to hold a meeting to consult relevant agencies to agree on solutions.

To overcome the above shortcomings and limitations, Ms. Dang Ngoc Dung, Head of Division 10 of the Provincial People’s Procuracy, said that the agencies’ good coordination in resolving complaints and denunciations will bring positive effects to administrative cases. In particular, law enforcement agencies such as prosecutors, courts and related departments, once "sit back" to find solutions for administrative-related cases, a good result will be generated. At that time, if any deficiencies occur, the agencies shall join hands to find ways to remove them.

“For administrative complaints, the procuracy will receive and study such cases, if detecting that departments, branches and localities have loopholes, shortcomings or problems, it will hold a dialogue to find how to disassemble. On that basis, units, localities, departments and branches will take additional measures, adjust, people will withdraw their applications, the court will issue a decision to suspend such case” - Ms. Dang Ngoc Dung said.

In order to have better results in resolving complaints and denunciations related to administrative procedures, Director of Provincial People’s Procuracy Huynh Van Luu has recently proposed to the Chairman of Provincial People’s Committee to strengthen the responsibility of implementing public duties of agencies, organizations and individuals in accordance with the instructions of the superior.

According to Provincial People’s Procuracy recommendation, Chairman of Provincial People’s Committee should instruct Chairmen of the People’s Committees of districts, cities, functional departments and branches that along with serious implementation of complaint settlement, it is necessary to further strengthen the responsibility in performance of public duties, especially in the full implementation of the rights and obligations of the defendant; to minimize the request for absenteeism at dialogue sessions, meeting sessions and court sessions in process of resolving administrative cases.