Chương 1 Nghị định 144/2005/NĐ-CP về công tác phối hợp giữa các cơ quan hành chính nhà nước trong xây dựng và kiểm tra việc thực hiện chính sách, chiến lược, quy hoạch, kế hoạch: Những quy định chung

Chapter 1

GENERAL STIPULATIONS

Article 1: Object and scope of regulation

This Decree prescribes the principles, modalities and responsibilities of co-ordination among state administrative agencies in developing policies, strategies, planning and plans (hereinafter referred collectively to as projects) which are to be promulgated or approved or passed by the Government, the Prime Minister of Government, Ministers, Heads of ministerial agencies and governmental agencies, People's Committees, chairmen of People's Committees of centrally-administered provinces and cities (hereinafter referred collectively to as provincial level); in verifying the implementation of these projects after they have taken legal effects (hereinafter referred collectively to as the checking the implementation of projects).

The coordination in developing normative legal documents, which are to be promulgated or approved by the Government, the Prime Minister of Government, Ministers, Heads of  Ministerial agencies and provincial People's Committees has to comply with legal stipulations on the issuance of  normative legal documents.

Article 2: Requirements for co-ordination

The coordination among State administrative agencies in developing and verifying the implementation of projects has to ensure that each agency and organization correctly exercises its own functions, tasks and authorities; the coordination has to ensure the quality of projects and discipline and order in implementing projects; it has to improve responsibilities and effectiveness in realizing interdisciplinary tasks; it has to ensure operational efficiency of the public system from central to local level.

Article 3: Principles for co-ordination

The co-ordination among administrative agencies in developing and verifying the implementation of projects is done in accordance with the following principles:

1. Contents of the projects must have a relation with the functions, tasks and authorities of the coordinating agencies;

2. Objectivity must be ensured in coordination;

3. Professional requirements, quality and duration of the coordination must be ensured;

Article 4: Coordination modalities in developing projects

Basing on characteristics and contents of the projects, line agencies decide to apply one of the following coordination modalities:

1. Comments collected through documents;

2. Meetings undertaken;

3. Field visits and surveys conducted;

4. Interdisciplinary coordination arranged;

5. Information provided at the request of line agencies or coordinating agencies and coordinating agencies informed of issues related to their functions, tasks, authorities.

Article 5: Co-ordination Modalities in checking the implementation of projects

Basing on characteristics and contents of the projects, line agencies decide to apply one of the following coordination modalities:

1. Verification team set up;

2. Comments collected on  issues relevant to contents to be checked;

3. Verified agencies to be worked directly with;

4. Necessary information provided and checked;

5. The preliminary and overall review of the implementation of policies, strategies, planning and plans conducted.

Article 6: Responsibilities and authorities of line agencies

1. For the line agency in developing the projects:

a. To develop preparatory plans for projects in which tasks of each coordinating agency are defined;

b. To arrange coordinating activities as stated in  preparatory plans for projects

c. To request coordinating agencies to appoint eligible cadres and civil servants to join coordinating activities; to inform coordinating agencies about the participation of assigned cadres, civil servants in coordinating activities;  to maintain the relationship with coordinating agencies and urge coordinating agencies to realize their assigned coordinating tasks.

d. To provide necessary information and documents at the proposal of coordinating agencies and other conditions for the coordination;

e. To collect, study and accept  comments and opinions of coordinating agencies; to report to competent state agencies about disputing issues;

f. To summit projects; to propose the final solution for disputing issues and provide the reasons explaining why opinions of coordinating agencies are not accepted;

g. To file dossiers in accordance with legal provisions;

h. To report and explain to competent agencies about the coordination status in accordance with stipulations of this decree.

2. For line agencies in verifying the implementation of projects:

a) To develop verification plans in which time, venue, contents to be verified and responsibilities of each coordinating agency are clearly defined; to send verification plans to coordinating agencies, agencies to be verified and competent agencies that monitor the coordination;

b) To arrange coordinating activities as stated in verification plans; to exercise responsibilities and authorities stipulated at Point c, d, g, h, Item 1 of this Article;

c) To report verification results and recommend remedial solutions; to bear the responsibility for verification progress and accuracy of verification reports.

Article 7: Tasks and authorities of coordinating agencies

1. For coordinating agencies in developing project.

a. To take part in coordinating activities as planned in preparatory plans for the projects; to refuse to coordinate if coordinating contents do not comply with stipulations at Article 3 of this Decree;

b. To appoint eligible cadres and civil servants to join the coordination; to provide favourable conditions in terms of time for cadres, civil servants to join the coordination;

c. To provide timely feedbacks on the issues that are reported by cadres, civil servants joining the coordination; to have the right to reserve their own opinions;

d. To stick to the deadline for comments on issues required by line agencies and be accountable for the quality and consistency of their opinions in all coordinating activities;

e. To provide information, figures and be accountable for the accuracy of information;

f. To request line agencies to provide documents, information that are necessary for the coordination;

g. To propose to line agency to adjust coordination time to ensure the quality of the coordination; to obey the rejection of time adjustment of line agencies if they want to ensure agreed progress;

h. To report to state competent agencies in case they are not invited to join the coordination by line agencies; to present coordination status to competent agencies in accordance with stipulations of this decree.

2. For  coordinating agencies in verifying project implementation:

a. To participate in coordinating activities according to approved preparatory plans; to refuse to coordinate if the coordinating contents do not comply with stipulations at Article 3 of this Decree.

b. To undertake responsibilities and exercise authorities stated at Point b, c, d, e, f, g, Item 1 of this Article.

Article 8: Tasks and authorities of cadres, civil servants appointed to join the coordination

1. To realize assigned tasks; to comply with coordinating plans of line agencies;

2. To regularly report to heads of agencies about their own coordinating activities; to actively provide comments and ask for opinions of heads of agencies if necessary; to obey the steering of heads of agencies over disputing issues that are under the functions, tasks and authorities of agencies;

3. To reserve their own opinions when they are different from those of line agencies or Project Drafting Boards or Editorial Groups, Verifying Teams;

4. To be provided with favourable conditions in terms of time by heads of agencies to fulfill coordinating tasks;

5. To be commended when they successfully realize coordinating tasks and be accountable to competent state agencies when they can not complete coordinating tasks.