VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L

NGUYEN TRONG HAI

RENOVATING ORGANIZATIONAL STRUCTURE AND
OPERATION OF PEOPLE’S COMMITTEE AT ALL LEVELS
IN CONTEMPORARY VIETNAM

Major: Constitutional Law and Administrative Law
Major code: 62 38 01 02

SUMMARY OF THE DOCTORAL DISSERTATION IN LAW

Hanoi - 2016


The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences

Supervisors:

1. Prof. Dr. Phan Trung Ly
2. Assoc. Prof. Dr. Ho Viet Hanh

Reviewer 1: ……………………………………………
Reviewer 2: ……………………………………………
Reviewer 3: ……………………………………………

The dissertation will be defended at Graduate Academy Level Council of

dissertation assessment at Graduate Academy of Social Sciences, Vietnam
Academy of Social Sciences, 447 Nguyen Trai, Thanh Xuan, Hanoi.
Time: ………… date ………. month …… …year 2016

The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library


INTRODUCTION
1. Importance of research topic
In managing state at local level, the People’s Committee shall have
dominant role by its state administration activity. Along with the People’s
Council, People’s Committee plays an important role for development of
society at the local, implement of the right and obligation of individuals and
organizations, and also relate to the effective and efficient operation of the state
apparatus in general. So it has always been the focus of attention of the local
people and a major concern of the Party, the State and the whole society.
Ever since comprehensive renovation of the country in 1986, along with
the process of building and perfecting Vietnam’s socialist law-based State,
there have been important change of the local government in general, the
People’s Committee at all levels in particular. After a lot of legal documents
provide for local government organizations are successively issued, the law on
local government institution (Law 2015) is approved by the National Assembly
on June 19th, 2015 to replace the law on People’s Council institution and
People’s Committee 2003 (Law 2003). In Law 2015, along with People’s
Council, People’s Committee at all levels, there have been adjusted in the
direction of innovation. But that does not mean that the innovation process has
been completed. There are still different opinions of the local government
pattern and other issues relate to the People’s Committee. Notably, there are

opinions of constructing local government autonomy – the pattern is the overall
trend in many democratic countries in the world. On the other hand, the
application law 2015 will require more specific legal provisions and
conducting operations such as indentifying function, task, decentralization of
management, diversification of People’s Committe apparatus, the specialized
agencies under People’s Committee. Identifying the relationship with
organization in the political system, People’s Committee human resource, the

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relationship between People’s Committee and people as well as enterprises
which compatible with science and technology, ect. In addition, organizing and
operating of the People’s Committee will also mention on impact of the
socialist-oriented market economy, the process of building and perfecting
Vietnam’s socialist law-based State, the international integration and
contemporary era issues involving democracy and human right.
After provisions of the Constitution 2013 and Law 2015 on the local
government, renovation of the local government in general, the People’s
Committee in particular, have been taking place. Therefore, the author has
conducted research topic: “Renovating organizational structure and operation
of People’s Committee at all levels in contemporary Vietnam” as my doctoral
dissertation in law.
2. Research subject and scope
2.1. Research subject
The dissertation examines theoretical and practical issues of renovation
organizational structure and operation of the People’s Committee at all levels
in our country in the current period. Also, the dissertation examines
organization and operation of the People’s Committee at all levels on the
practical basis of Law 2003 and taking into Law 2015.

2.2. Research scope
The study examines organizational structure and operation of the
People’s Committee at all levels under administrative unit in Vietnam (not
including special administrative and economic units)
3. Research purpose and task
3.1. Research purpose
On the basis of theoretical perception on renovating organizational
structure and operation of people’s committee, the study evaluates the reality of
renovation organizational structure and operation of people’s committee in

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Vietnam today. The study also proposes recommendation and solution of
renovating organizational structure and operation of people’s committee at all
levels to contribute into build the socialist law-based State of the people, by the
people and for the people.
3.2. Research task
First, to clarify the theoretical issues of renovation of People’s
Committee at all levels.
Second, to analyze and evaluate the reality of organizational structure
and operation of People’s Committee at all levels in innovation.
Third, to propose perspectives and solutions to continuing renovation of
oroganizational structure and operation of People’s Committee at all levels.
4. Methodology and research method
The study is carried out on the basis of dialectical and historical
materialism, the views of the Party and State on the state and law matters, the
socialist state, the local government in which the People’s Committee at all
levels.
The research method is mainly used for this dissertation involving

analysis, synthesis, systematization, method of comparative jurisprudence,
specific history, statistics, interdisciplinary and multidisciplinary approach.
5. The new scientific contributions of the dissertation
First, the dissertation has systematized, clarified and supplemented the
theoretical issues of organization and operation of People’s Committee at all
levels in the overall and different aspects with new outlook of position, role,
function, organization and operation of the state administration at local level in
the new conditions.
Second, the study has clarified new features of the organizational
structure and operation of People’s Committee at all levels over the
development period.

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Third, the dissertation has evaluated the reality of renovating
organizational structure and operation of People’s Committee over the years of
innovation. It seeks to predict the role of People’s Committee under the Law
2015. It has also pointed out advantages and limitations of organizational
structure and operation of People’s Committee at all levels. Since then, the
study points out cause of the limitations.
Fourth, with new awareness and practical perspective, the study has
proposed solutions of renovation and improving organizational structure and
operation of People’s committee at all levels under the Law 2015 as well as
practical requirements.
6. The theoretical and practical significance of the dissertation
The dissertation is an overall and basic research work of organizational
structure and operation of People’s Committee at all levels in the new context
of Vietnam today.
The research results of the dissertation may be used as a reference for

organizational innovation activities and operations of People’s Committee at
all levels, for studying, teaching and learning about the state administration at
local level.
7. The dissertation structure
Besides the introduction, conclusion and list of references, the content
of the dissertation including 4 chapters:
Chapter 1: Overview of literature review
Chapter 2: The theoretical issues of renovating organizational structure
and operation of People’s Committee at all levels
Chapter 3: The reality of organizational structure and operation of
People’s Committee at all levels in the Vietnam’s innovation process
Chapter 4: Perspectives and solutions to continuing renovation of
organizational structure and operation of People’s Committee at all levels

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Chapter 1
OVERVIEW OF LITERATURE REVIEW
1.1.

Research

works

relate

to

People’s


Committee,

renovating

organizational structure and operation of People’s Committee
1.1.1. Domestic research works
Over

the

past

decades,

especially ever

since

the

country’s

comprehensive innovation 1986, there have been many research works on
People’s Committee and renovating organizational structure and operation of
the People’s Committee at all levels in our country. These research works have
created premise and is a very important foundation to examine this dissertation.
1.1.2. Research works on the abroad local administration
Until now, there is little research work on the abroad local
administration in our country, but there are some basic research works which

have been translated, restated or published in foreign journal. This is a very
important resource to consider the theoretical and practical issues of renovating
organization and operation of the People’s Committee in Vietnam.
1.2. Assessing research works relate to People’s Committee, renovating
organizational structure and operation of People’s Committee
Through the research works on the local state administration in the
domestic and beyond, have set up many issues involving renovation of the
People’s Committee of our country that need to be resolved such as role and
function of the local state administration, its relation with local council, nature
and characteristic of the local state administration, organizational pattern of the
local government and so on. These research works have examined various
aspects of renovating local state administration of our country that relate to the
model, function, task, organization and operation in concrete conditions. Also,
these research works had many helpful suggestions for renovating organization
and operation of the People’s Committee at all levels.

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1.3. The issues that the study needs to examine
- To examine comprehensively theoretical and practical issues of
renovating organizational structure and operation of the People’s Committee at
all levels.
- To evaluate the local government organization model, in which current
People’s Committee at all levels and recommendation of renovation.
- To propose solutions continuing renovation over the various issues of
organizational structure and operation of the People’s Committee at all levels.
Chapter 2
THE THEORETICAL ISSUES OF RENOVATING
ORGANIZATIONAL STRUCTURE AND OPERATION OF PEOPLE’S

COMMITTEE AT ALL LEVELS
2.1. Definition, position and role of People’s Committee at all levels
2.1.1. Definition and characteristic of People’s Committee at all levels
Division of administrative units is essential for the state management to
inhabitant and society. In our country, there are three main administrative units
through periods involve province, district and commune. This is objective basis
of organizing the local government in which the state administration.
The local administration of our country is the People’s Committee. It
may be concept that “the People’s Committee is the organ elected by the
People’s Council at the same level, which is the executive body of the People’s
Council to implement the local state management function, responsible to the
People’s Council and the state administration at higher level”.
The common characteristic of the People’s Committee at all levels is
that implement the state administrative function; organizational structure and
operation of the People’s Committee is basically fundamental unity of law; it
was held under administrative unit; the People’s Committee is the body elected
by the People’s Council at the same level with approval of the state

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administration at higher level; the People’s Committee is organizational body
under two way principle and basically it is a collective body; at the lower level,
its structure is more simple.
On the basis of analysis of Vietnam state apparatus, the dissertation
provides “People’s Committee at all levels is the organ elected by the People’s
Council at the same level, implement the local state administration function
and is a component of the local state administrative system under the
hierarchical principle”
2.1.2. Position, nature and role of People’s Committee at all levels

The People’s Committee is the executive body of the People’s Council
and the local state administration.
The role of People's Committee as bellow:
First, the state administration to achieve socio-economic goal; second,
management plays indispesable role as common operation of social life; third,
ensuring consistency and smoothness of the state administration; fourth,
People’s Committee as direct body to ensure implementation of human right
and the right of citizens.
2.2. Organizational structure and operation of People’s Committee at all
levels
2.2.1. Principles of organizational structure and operation of People's
Committee
1/ the state power belongs to the people; 2/ the state led by Vietnam
Communist Party; 3/ the principle of democratic centralism; 4/ the principle of
equality among peoples; 5/ the principle of socialist legislation.
Besides general principles mentioned above, there are some basic
specifity principles of organization and operation of the People’s Committee at
all levels such as:
- Principle of two-way

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- Managed by sector in conjunction with territorial management
- Collective leadership mechanism in conjunction with head regime
2.2.2. Organizational structure of People’s Committee
With traditional choice, the People’s Committee is a collective agency
elected by the People’s Council, in which leadership of the head of the People's
Committee has been increasingly enhanced. President of People’s Committee
who has rights and obligations to ensure organization and operation of the

People’s Committee; managing human resource and promulgating law. Vice
president and members of People’s Committee carried out their work
assignment by president and responsible to president of People’s Committee on
their work assignment.
The specialized agencies of the People’s Committee who give
assistance to the local state administration to implement right and obligation
which is organized by principle of multi-sector and multi-disciplinary. These
agencies will be directed the implementation of organizational management,
personnel and work assignment by People’s Committee at the same level.
2.2.3. Operation of People’s Committee
Operation of People’s Committee is implemented in two forms:
First, the session of People’s Committee is collective activity by
People’s Committee at all levels.
Second, regular activity of president, vice president and other members
of People’s Committee in carrying out their functions, duties and rights.
The state administration activity can also be divided into two types
involving issued legal documents (including normative and specific
documents) and administrative activity.
From the angle of administrative law, it may be divided the state
administration into following basic activities: first, issued legal documents.
This is legal construction activity; second, legal implementation activity; third,

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implementation of law enforcement activity such as inspection, dealing with
complaints, denunciations and legal violations.
Administrative management of People’s Committee is made in
relationship between power and acquiescence. To exercise the power, useful
method is that convince, coercion, instruction and economy.

2.3. Demand, content and criteria continue to renovating organizational
structure and operation of People’s Committee at all levels
2.3.1. Demand of continuous renovating organizational structure and
operation of People’s Committee at all levels
- Due to the requirements of socialist democratic development and
ensuring human right and the rights of local citizens
-

Socio-economic

development

demands

in

the

process

of

industrialization and modernization.
- Demand of construction and development of the market economy and
globalization
- Due to the requirements of the state administration reform in the
socialist rule of law state of Vietnam.
- The impact of the science and technology development
2.3.2. Basic content and criteria of renovating organizational structure and
operation of People’s Committee at all levels

2.3.2.1. Basic content of renovating organizational structure and operation of
People’s Committee at all levels
First, model of organization of People’s Committee at all levels
Second, the organizational structure related to renovating of authorities,
duties and personnel of the Committee, the professional agencies of People’s
Committee and renewal of its operating mechanism.

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Third, People’s Committee at all levels relations involving the
relationship between the state administration system and People’s Council and
with other agencies and organizations in the political system.
2.3.2.2. Basic criteria of renovating organizational structure and operation of
People’s Committee at all levels
First, to meet the requirements of service administration to ensure
democracy, human right and the rights of citizens.
Second, to ensure a reasonable relationship between Party leadership
with the organization and operation of People’s Committee.
Third, to reflect the nature and characteristic of the socialist rule of law
state of Vietnam which has been constructing and completing.
Fourth, in accordance with the criteria of modern state administration.
Fifth, in accordance with the characteristics of People’s Committee
administrative agencies in current conditions in Vietnam today.

Chapter 3
THE REALITY OF ORGANIZATIONAL STRUCTURE AND
OPERATION OF PEOPLE’S COMMITTEE AT ALL LEVELS IN THE
VIETNAM’S INNOVATION PROCESS
3.1. Overview of new features in organizing and operating of People’s

Committee at all levels over the past areas
Over 70 years of development, along with the central government,
organization and operation of local governments, in which, People’s
Committee at all levels is constantly renovated and completed to meet demand
of each period.
People’s Committee renovation may be relatively examined by the
constitution over the past years. Accordingly, the process of organization and

10


operation of People’s Committee may be divided into periods of constitution
1956, 1959, 1980, 1992 and 2013.
The study has examined new features of organization and operation of
People’s Committee at all levels under the each constitution.
3.2. Organizational structure and operation of People’s Committee at all
levels in the current innovation period
3.2.1. Legislation and practice of organizational structure of People’s
Committee at all levels
The organizational structure and operation of People’s Committee today
under the Law 2003. The Law 2015 had entered into force on 01 January 2016
under the provision began applying for People’s Council term (as well as
People’s

Committee)

2016-2021.

As


mentioned

above,

however,

organizational structure and operation of People’s Committee under the Law
2015, does not change. So basically, the reality of organizational structure and
operation of People’s Committee, is still issue of the Law 2015 and legal
documents.
3.2.1.1. Legislation of organizational structure of People’s Committee at all
levels
a) Regarding to position, nature and term of People’s Committee
People’s Committee is the body elected by the People’s Council at the
same level, which is the executive body of the People’s Council, it is also the
local state administration, responsible to local people, People Council and the
state administrative agencies at higher level. Like People Council, People’s
Committee term is 5 years.
b) Regarding to duties, rights and organization of People’s Committee
The local governments’ duties and rights in which People’s Committee
shall be determined on the basis of delimitation of competence between the
central and local state organ and of each local government.

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The delimitation of competence is base on the basic principles involving
the state management unity and smoothness of national administration;
promoting autonomy and self-responsibility of the local governments; close
cooperation between managing by sector and territory; delimitation of

competence which in accordance with condition and characteristic of rural,
urban and island areas and so on.
Duties and rights of People’s Committee in implement the Constitution,
law, documents of superior state organ and resolution of People’s Committee at
the same level as stipulated by Law 2003 and Law 2015 in order to ensure
implementation socio-economic development policy, strengthening national
defense and security and other policies. Compare with the law of 2003, there
have been new provisions of duties and rights in the law 2015.
On the basis of duties and rights of People’s Committee shall be
determined by Law 2003, organizational structure of People’s Committee at all
levels involving President, Vice president and other members. The number of
members, organizational structure and division of work to members of
People’s Committee as stipulated in Decree No. 107/2004/ND-CP. President
and Vice president of People’s Committee shall be accredited, transferred and
dismissed by Government Prime Minister.
c) Regarding to the specialized agencies under People’s Committee
The specialized agencies under People’s Committee were held at
provincial and district People’s Committee, as the subsidiary agencies of
People’s Committee at the same level. It is also giving advice and assisting to
People’s committee at the same level in making function of the local state
management and working under the leadership regime.
The function and competence of specialized agencies is to implement a
number of duties and rights that mandated by People’s committee at the same
level under the provision of law to ensuring management unity from the central

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to local government. The duties, rights, organizational structure and leadership
regime of specialized agencies stipulated by Government Decrees.

For commune People’s committee, there is not specialized agencies, but
specialized titles only.
3.2.1.2. The reality of organizational structure of People’s Committee at all
levels
According to Article 4 of Law 2003, People’s Committee has been
established at administrative units of province, district and commune.
The members of provincial and district People’s committee have
increased from the previous term due to the staff rotation policy from province
to district and from district to commune and splitting of some administrative
units at all levels. Conversely, the members of commune People’s committee
have decreased from 5-7 to 3-5 members compare with previous term.
To strengthen management capacity, over the past years,

People’s

committee at all levels have enhanced training and improving quality of cadres
and civil servants in general, People’s committee members in particular.
According to statistics of 60/63 provinces and cities, the specialized
qualification, state management and political quality of members of provincial,
district and commune People’s committee, have increased in term of 20042011 and 2011-2016.
After Government’s adjustment, the number of specialized agencies
have been reduced in multi-disciplinary. The central government has any
organization, not necessarily for local governments must have corresponding
specialized agencies. In addition, specialized agencies do not necessarily the
same organization at the administrative units.
3.2.2. Operation of People’s committee at all levels
3.2.2.1. Regulations of operation of People’s committee at all levels

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The regulations of operation of People’s committee at all levels are
specified by the Law 2003.
People’s committee at all levels shall comply with principle of
democratic centralism to ensure the leadership role of People’s committee and
also enhancing personal responsibility of president, vice president and other
members of People’s committee. People’s Committee shall resolve work in
accordance with law and the superior state organs’ direction; ensuring the
leadership of the Party committee and supervision of People’s Council at the
same level to implement its functions, duties and rights.
People’s Committee shall work collectively to make decision of great
significance issues. People’s Committee collective operation as its session that
will take place at least once a month by law.
President of People’s Committee has responsibility and authority to
other members and specialized agencies under people’s committee; giving
decision within responsibilities and rights of his own people’s committee,
except matters collectively; welcoming people and dealing with people’s
complaints and denunciations. He can organize and making people’s
committee meeting chair; approve the results of the Committee’s election;
suspend or subordinate enforcement of illegal documents of specialized
agencies under his People’s Committee and president of people’s committee at
lower level.
The law also provides duties, rights and operation of vice president,
other members and specialized agencies under People’s Committee.
3.2.2.2. The reality of operation of People’s Committee at all levels
Practical

operation

of


People’s

committee

is

expressed

by

decentralization; implement duties and rights of People’s committee at all
levels; by operation forms of president, members and people’s committee.

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According to the report of 10 years to implement the Law 2003, the
People’s committee at all levels has issued working regulations of People
committee

under

sample

regulation,

specifying

duties,


rights

and

responsibilities of president, members of people’s committee. People’s
committee at all levels has worked well in managing and operating of people’s
committee; dealing with effectively and timely issues arise from management
activities of people’s committee; enhancing the role and individual
responsibility of president and each members of people’s committee. The role
of president of people’s committee at all levels as stipulated in Law 2015.
There has been a marked improvement in operating of people’s
committee at all levels in term of 2004-2011 and 2011-2016. Its effect has
gradually raised; the management role and direction of people’s committee at
all levels have been renovated. Its working style and administrative procedures
have initially mitigated; Provincial and district people’s committee apparatus
have been curtailed to create a smooth operation of the state administration and
to safeward political stability and local’s socio-economic development.
3.3. Overall assessment of renovating organizational structure and
operation of People’s Committee at all levels
People’s Committee as a structure of local government. In the process
of comperehensive innovation, in which, completion of the state apparatus is
particularly important work. The achievement of organization and operation of
People’s committee at all levels as below:
First, it has basically created legal basis for its organizational structure
and operation of people’s committee.
Second, regarding to duties and rights of people’s committee,
regulations in Law 2003 and other legal documents, have shown a new trend of
the state role is that tectonic organization and social development, rather than
deeply involvement into the social work.


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Third, the law continues to affirm traditionally organizational models of
People’s Committee.
Fourth, regarding to administrative reform, there have been reduction of
the number of members of People’s Committee at all levels.
Fifth, there have been significant changes of organizational structure
and operation of People’s Committee. Basically, operation of people’s
committee has had a combination of collective leadership with the promotion
of president role.
Sixth, People’s committee session and its members have been taking
place orderly provisions of law. Qualifications and skills of members of
People’s Committee have been increasing in accordance with requirements of
administrative reform.
Therefore, the state administration system in which People’s Committee
at all levels have helped the country overcome difficulties in the process of
socio-economic development to become a middle country.
Besides achievements, there are also certain shortcomings in organizing
and operating of People’s Committee at all levels, which requires these
committees must have political will and the greater efforts to the administrative
reform.
1/ Model of local government institutions in general, organizational
structure and operation of people’s committee in particular so far traditionally
someone dares to do difference. It seems that we are in need of stability, do not
want to tamper, thus we have not been thought and researched fully,
comprehensively and deeply of the local government autonomy model.
2/ Operation of people’s committee follow two-way principle, this lead
to the orders of superior leaders are more important than resolutions of

people’s council at the same level.

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3/ Regarding to establishment of People’s Committee, there have not
been close combination between president and other members. Sometime, in
certain cases, the approval of results of the subordinate voting makes difficulty
to the normal functioning of People’s Committee.
4/ According to Law 2003, People’s Committee as collective organ, but
problem is that the heads of departments, are not member of People’s
Committee. Law 2015 has overcome this as stipulation of the head of
specialized agencies as member of people’s committee. However, this issue
needs to consider because the number of members of specialized agencies will
increase.
5/ Vice president and other members were assigned work by president,
practically, this is usually done by whole People’s committee. There is not
suitable resolution, if there is a conflict of competence between the whole
people’s committee and president as well as other members who assigned by
president.
6/ Limitations of supervision and inspect activities of People’s
Committee at all levels.
Chapter 4
PERSPECTIVES AND SOLUTIONS TO CONTINUING RENOVATION
OF ORGANIZATIONAL STRUCTURE AND OPERATION OF
PEOPLE’S COMMITTEE AT ALL LEVELS
4.1. Perspectives to continuing renovation of organizational structure and
operation of people’s committee at all levels
4.1.1. Renovating organizational structure and operation of people’s
committee at all levels must be linked to the Party leadership renovation;

4.1.2. This renovation as overall nature and synchronization of aspects
relate to the organizational structure and operation of People’s Committee at all
levels;

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4.1.3. Renovating organizational structure and operation of People’s
Committee at all levels in accordance with specific conditions in our country;
4.1.4. This renovation must be led to simplifying of oganizational
structure to ensure consistency of the state administrative apparatus with the
distinguishing nature of each administrative unit.
4.1.5. This renovation must be based on inherited theoretical and
practical factors in the process of Vietnam’s administration development
4.2. Solutions to continuing renovation of organizational structure and
operation of people’s committee at all levels
4.2.1. Innovation of awareness and great political commitment in renovating
organizational structure and operation of People’s Committee at all levels
Since the sixth Congress in 1986, the Party confirmed that, there have
been necessary major reform of the state apparatus. In the next Congress, the
local government reform issue, in which People’s Committee continues to be
posed. In practice, there have been positive changes of organizational structure
and operation of People’s committee at all levels. The Law 2015 was enacted
in the spirit of innovation. However, still needs to have unprejudiced thinking
and practical mind in order to examine the local government model and
organizational structure and operation of other People’s Committee.
In addition, there should be a new awareness of renovating People’s
Committee, including provisions of the Law 2015, especially political
determination in the political system and government apparatus from central to
local levels.

4.2.2. Choosing organizational model of People’s Committee
The organizational model of People’s committee is closely related to
organizational model of local government as it is an executive organ and the
local state administration. It may be said that, the local government is
organized by democratic

centralism model. This

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model contributes


significantly to the successful implementation of political tasks and
management over the historical periods. However, this model also reveals
limitation of internal contradiction, the relationship between People’s Council
and People’s Committee on executive and supervision. This lead to the local
governments could not have singleness of mind to their local people.
Therefore, there should be necessary to build the local self-government
or autonomous local, is still seen as the best model for government that
selected by countries in the world.
4.2.3. Completing organizational structure and operation of People’s
Committee at all levels
Currently, according to the Law 2015, there have been regulations of
organizational structure and operation of People’s committee. Many
shortcomings and limitations of organizational structure and operation of
People’s committee under the Law 2003 was amended by the Law 2015. As
the local government model in Vietnam is still a traditionally model. If not
change, it will not be able to complete both theoretical and practical issue.
4.2.3.1. Completing organizational structure of People’s Committee at all

levels
1/ Stepping up decentralization and management
According to the Law 2015, there have been new points to
responsibility and authority of People’s Committee at all levels in stepping up
decentralization and empowerment. However, this regulation still needs to be
enforced in practice with specific reforms. Through surveys showed that,
actually, responsibility and authority of people’s committee in urban areas, are
not consistent with its management.
There is still much potential for decentralization. This requires the state
administration at higher level, needs to consider further decentralization to the
local governments at lower level.

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Regarding to determine duties and rights of local government, actually,
there have still been overlapping tasks among central ministries. This lead to
overlapping of specialized agencies at local level and impact on unified
management of the state administration from central to local facilities. This
should be overcome.
With demands to enhance decentralization and management, there
should be stepping up socialization and the state duty under the proper
perspective “the State who to be at the helm rather than who can upset the
boat”
2/ Completing organizational structure of People’s Committee at all
levels
A) Regarding to establish government levels, the big problem is that
how many government levels we gonna need? How many fully local
government levels (including People’s Council and Committee) still now need
to be considered, especially, the urban government. So, there should be a

strong renovation of scientific thinking on the local government organ to
consider should or should not have both People’s Council and Committee at
district and ward level.
B) Regarding to organizational structure of People’s Committee
First, regarding to the election, president of People’s committee will
nominate members and those who will be elected by People’s Council.
Second, to avoid increasing number of members of People’s committee,
those who including the head of specialized agencies and toward reducing the
number of agencies in spirit of multidisciplinary management.
Third, establishing control mechanism of the state agencies at higher
level in order to the state administration is not bloated as requirement of
reducing regular staff in administration reform.

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C) The relationship among People's Committees in the state
administration system
Since the Law 2015 actually came into force, the Government and state
administration at higher level need to have documents guiding legal
implementation to ensure the unity and consolidation of local government.
D) The distribution of administrative units
Inheritance and development of legislation on administrative unit under
the Law 2003, the Law 2015 has provisions on distribution of general
administrative unit into three categories involving I, II and III in each level. By
enactment law on administrative unit to stabilize this unit and refer to new
administrative unit of developed countries.
4.2.3.2. Renovating operation of People’s committee at all levels
1/ Regarding to operating mechanism of People’s committee
Operating mechanism of People’s committee involving collective

activities and leader’s operation. This may be considered to be transfer from
group operating mechanism to leadership regime. In the state administration,
the leadership regime has brought better effectiveness because regulation to be
issued quickly in accordance with changes of life in the market economy.
2/ Improving quality of the session of People's Committee
There should be provisions on working regulation of People’s
committee, in which, determining requirements for special session and
president’s competence to extraordinary meeting. The session may be taking
place by suggestion of Vietnam Fatherland Front and socio-political
institutions.
3/ Improving responsibilities of president of People’s committee at all
levels
The president of People’s committee is the leader who has a very
important role to People’s committee performance. There should be further

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concretization of provisions to responsibilities of members of People’s
committee in which attach special importance to president title.
4/ In the general trend of the world, our country administration is
transferring from ruling to serving. Accordingly, the “asking and giving”
mechanism must be dismantled. The state officials’ behavior to people and
enterprises still “do a favour”, authoritarianism, harass. This lead to discontent
in society.
Operation of People’s committee must be demonstrated openess,
transparency and accountability. Article 5 of the law 2015 has confirmed the
principles of organization and operation of the local government is that
“modern, transparent, service of people and supervision by people”.
5/ The administrative procedure is a tool to manage and it is also a very

important factor to ensure operation of People’s committee is effective,
legitimative and reasonable. Need to stepping up further administrative reform,
especially administrative procedures.
6/ Improving quality of the cadres and civil servants
There are now cadres and civil servants working ineffectiveness. In
particular, lack of professionalism of management and giving public services.
This is a major problem to public opinion. There are many problems that need
to resolve to improve quality of the cadres and civil servants. Since then, the
question is to enhance the legal system for the title and standard of cadres and
civil servants.
People’s committee at all levels need to recruit talents and the State
should have adequate remuneration for them, especially salary reform. The
State also needs to focus on measures to prevent corruption that was disorting
the operation of the state administration.
4.2.4.

Strengthening

renovating

operation of People’s committee at all levels

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organizational

structure

and



- Renovating the leadership of the Party Committee to People’s
Committee.
- Strengthening monitoring and inspection to People’s committee
operation.
- Strengthening infrastructure and modernizing operation of People’s
committee at all levels

CONCLUSION
People’s Committee is the executive organ of People’s Council at the
same level and is the local state administration. It plays a very important role in
socio-economic development and other aspects of the local to ensure legal
enforcement as well as democracy, human right and the rights of citizens. In
fact, most of the rights of citizens and enterprises are taking place in the local
level over operation of People’s committee at all levels. Therefore, renovating
this Committee is very important.
In this study, the author has examined the basic theoretical issues to
have scientific cognition of organizational structure and operation of People’s
committee at all levels in our country today and having comparison with the
local state administration of other countries in the world. The study has
identified and evaluated the reality of renovating organizational structure and
operation of People’s committee at all levels in contemporary Vietnam with
strengths and limitations as well as the cause of limitations. Since then, the
dissertation has proposed solutions, recommendations to continuing renovation
of organizational structure and operation of People’s committee at all levels.

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