UPPSALA cũ vNU0EB vision eal UNIVERSITET IMPROVE THE EFFICIENCY OF RESPONSIBILITY INSPECTION FOR STATE ADMINISTRATIVE AGENCIES IN THE SETTLEMENT OF CLAIMS Authors TRAN VIET HUNG TRAN TUAN ANH TRAN THI NGUYET Supervisor: Dr. SVEN - ERIK SVARD Local Supervisor: Dr. NGUYEN KHAC HUNG Class: MPPM INTAKE 3 - Group 6 HaNoi, January - 2012 2 ACKNOWLEDGEMENT In the process of study, research and completion of the public management master thesis, we have received enthusiastic instruction, support and contribution from our distinguished lecturers of the master programme and the Centre of International Training and Education - Economics University, Hanoi National University and UPPSALA Univesity, Sweden. First of all, we would like to express our sincere thanks to our distinguished lecturers of the program who have whole-heartedly instructed and transferred valuable knowledge to us during the study time.
We also would like to express our sincere thanks to Dr. Sven - Erik Svard and Dr. Nguyen Khac Hung who have spent plenty of time and interest helping us during researching and writing period. We also would like to sincerely thank the Management Board ofthe Economics University, Hanoi National University and UPPSALA University - Sweden as well as lecturers of the Centre of International Training and Education - the Economics University, Hanoi National University who have created favorable conditions for us to study and successfully complete the programme.
We also would like to thank our collegues and friends who have supported us in collecting reference data and comments to accomplish the thesis. Eventhough we have made lots of efforts with our all competence in completing the thesis, there are some unavoidable shortcomings which should be received contributions from you. “ ABSTRACT Title of thesis: Improve the effectiveness of responsibility inspection for state administrative agencies in settling claims Level: Master of Public Management Researcher: Tran Viet Hung, Tran Tuan Anh, Tran Thi Nguyet Supervisor: Dr. Sven-Erik Svard and Dr.
Nguyen Khac Hung Date of defense: 12th December 2011 Why didn`t responsibility inspection for state administrative agencies in claim settlement in the past time gain high effectiveness? Objective: To propose solutions and suggestions for higher effectiveness of responsibility inspection in settling claims Methodology: Research methodology: Researchers use methods of summary and analysis; quantitative tools to analyze the effectiveness of responsibility inspection in settling claims. Researchers use primary and secondary information. Methods of collecting data: 1. Secondary data: from reference documents (summary reports by the government inspectorate, magazines, research, newspapers and related websites, etc).
Primary data: from interviews, open questionnaire To carry out interviews with the three subjects, the group designed a questionaire of 09 questions appropriate for each subject (commented by Dr. Nguyen Khac Hung - Vietnamese supervisor - on contents and the way to conduct intervews). To complete gathering data, the researchers started from November 04 to November 11, 2011. Before interviews, the group met with each subject, being agreed, they discussed about the purposes of interviews and explained every question to the interviewees.
The researchers made each question at a time and tried to write the answer down with fewest errors. However, due to privacy, the group does not make detailed description of contents, names, addresses ofthe interviewees. Results and conclusion: Results from the research show that: Legal documents on claim settlement are overlaped, asynchronous, lack of enclosed instructions and do not define specific responsibilities for heads of settling agencies. There is no document on the procedure of a responsibility inspection and its instructions.
therefore, each case is settled in a different way, causing shortcomings and mistakes. Inspection officers do not pay attention to supervising and examining the enforcement ofdecisions, conclusions and proposals after inspected. Inspection officers are profession and skill limited. Responsibility inspection in settling claims is not regularly conducted.
Contents ofinspection lack of focal points and not selected from complicated cases. Profession related instructions and support are not cocentrated. There is no santion strict enough for violation. Conclusions are common, do not show thorough comments and evaluation, do not demonstrate causes of shortcomings and mistakes, do not propose treatment for violations.
Research results aim at improving the effectiveness of responsibility inspection in settling claims. It is required that state inspectorate should successfully deal with the above issues. Limitations and suggestions for future research Limitations of the title: The thesis contains certain limitations as the researchers only focus on one field of inspection at the state inspectorate, due to limited resources including fund, time and human, which prevents them from broadening research subjects and scope in order for an overall evaluation on responsibilty inspection. Because of typical features of the state inspectorate, the group could not have access to detailed data of several specific inspected cases.
Therefore, the researchers have used secondary data (from reports by the state inspectorate) and primary data (from interviews with 12 heads, dealers and claimants). From the data, the group analyzed and evaluated the situation of responsibility inspection in the past time and suggested some solutions to enhance the effectiveness of responsibility inspection. The thesis used methods of summary, analysis, qualitative to analyze the effectiveness of responsibility inspection in claim settlement. Suggestion for future research: The thesis is at the place of master degree, therefore, the researchers did not have conditions to thoroughly and widely research other fields of inspection, which makes the contents unprofound and not demonstrating all the issues of inspection.
Afterwards, the group shall continue to further research if given favorable conditions to develop it into specific features of responsibility inspection such as (i) surveying; (ii) making plans: (iii) collecting data and documents; (iv) examining and verifying data and documents; (v) reporting results: (vi) concluding to upgrade the thesis to doctorate. Contribution ofthe thesis: The thesis is one of few research conducted in the field of responsibility inspection in settling claims. Its results help the state inspectorate acknowledge the situation of responsibility inspection in settling claims. Some solutions are also suggested for higher effectiveness of responsibility inspection in upcoming claim settlement by the government inspectorate.
Key words: Responsibility inspection in upcoming claim settlement 6 TABLE OF CONTENTS ACKNOWLEDGEMENT ABBREVIATIONS INTRODUCTION. THEORETICAL BASIS AND EXPERIENCE OF SOME COUNTRIES IN THE SETTLEMENT OF ADMINISTRATIVE CLAIMS. State inspection system of Vietnam 12 2. Definition and function.
Development history of law on complaints in Vietnam. State management in settlement of administrative complaints 15 5. Procedure of claim settlement 16 5. Order and procedures ofresponsibility inspection in settling complaints.
Form of responsibility inspection in settling complaints. Contents ofresponsibility inspection in settling complaints. Procedures of responsibility inspection in claim settlement (detailed in Appendix 1) 6. Experience on claim settlement from some countries CONCLUSION - CHAPTER 1 Chapter 2.
SITUATION OF RESPONSIBILITY INSPECTION FOR STATE ADMINISTRATIVE AGENCIES IN CLAIM SETTLEMENT IN VIETNAM 24 1. Overview on the situation of responsibility inspection based on secondary documents 1. Limitations and causes. Limitations (by interviewing 12 people including claimants.
dealers, leaders) See questionaire in Appendix 2. Direct dealers ofclaims. Heads of inspection agencies 3. General comment on the situation of responsibility inspection 3.
Implementation of responsibility inspection CONCLUSION - CHAPTER 2 Chapter 3. RECOMMENDATIONS AND SOLUTIONS TO IMPROVE EFFICIENCY OF RESPONSIBILITY INSPECTION OF THE STATE ADMINISTRATIVE AGENCIES IN RESOLVING COMPLAINTS 38 1. Some measures to improve efficiency of responsibility inspection applied for administrative agencies in settlement of claims. Solutions for inspection sector.
Raising awareness of responsibility inspection 1. Strengthening the leadership of local authorities. Planning responsibility inspection 1. Completing statutory regulations on inspection in general and that of responsibilities in particular.
Choosing the appropriate inspection form and content. Enhancing the training and refreshing, professional training, review and experiences learning to raise awareness. competence, professional qualifications for responsibility inspection staff. Preparing inspection conclusion 1.
Supervising and inspecting the implementation of post inspection conclusions and recommendations. Applicating information technology. Recommendations to improve the efficiency of the inspection for state administrative agencies in the settlement ofclaims. Order and procedures for conducting a responsibility inspection.
- 63 9 ABBREVIATIONS HVHC : Administrative Act KNHC : Administrative Claims QDHC : Administrative Decisions QDKL : Discipline Decisions TTCP : Government Inspectorate GQKNHC : Handling Administrative Claims CQHCNN : State Administrative Agencies QLNN : State Governance 10 INTRODUCTION Right of claims is one of fundamental rights of citizens, good resolution of claims is a manifestation of a democratic and legitimate state of the people, by the people and for the people of the State of Vietnam. Therefore, the settlement of claims has always been concerned and paid attention by the State. Resolving complaints effectively is one of the important measures to protect the legitimate rights and benefits of citizens who are infringed upon from the unlawful acts of state agencies and their officials to ensure the service for the people of the state mechanism. In fact, complaints are inextricably linked and settling complaints have always been regarded as one of the important work in the operation of state agencies.
For years we have frequently innovated the mechanism of resolving complaints to further improve the efficiency of this work. The state agencies, especially the state inspection agencies of all levels and sectors, have made efforts in receiving and settling complaints but the effectiveness of settlement have not been high and complaints keep increasing and become more and more complex. Many measures have been suggested to remedy this situation, eventually after being re-evaluated, to improve the efficiency of responsibility inspection in claims handling is regarded as the best, comprehensive and highly effective measure. Research question: Why has responsibility inspection in claim settlement not resulted in high effectiveness? Research objective: To propose measures and recommendations in order to improve the effectiveness of responsibility inspection in claim settlement.
Research subject: During inspection, inspection agencies have to work on a number of fields. However, due to limit of the thesis, the group focuses on a field which is responsibility inspection in claim settlement. Research location: Government inspection agency Research methodology: The following methodologies have been used in the thesis: The thesis has used methodology of summary, analysis with quantitative tools to analyze the effectiveness of responsibility inspection in claim settlement. The thesis has also used primary and secondary information.
Methodof data collection Reference documents (summary reports by the government inspectorate, magazines, research, newspapers and related websites, etc. The thesis includes three chapter: Chapter 1: Theoretical base and experience from some nations in settling administrative claims. Chapter 2: The situation of responsibility inspection for state administrative agencies in claim settlement in Vietnam. Chapter 3: Solutions and suggestions to improve the effectiveness of responsibility inspection for state agencies in claim settlement.
12 Chapter 1 THEORETICAL BASIS AND EXPERIENCE OF SOME COUNTRIES IN THE SETTLEMENT OF ADMINISTRATIVE CLAIMS 1. State inspection system of Vietnam ' 1. State inspection agency includes: - Government inspectorate - Inspection agencies of ministries and ministry level (generally called ministry inspection agency) - Inspection agencies of provinces, central cities (generally called provincial inspection agency) - Inspection agencies of departments - Inspection agencies of districts, wards, towns, provincial cities (generally called communal agency) 1. Organizations assigned to function specialized inspection To be established in some general bureaus, ministry bureaus, branch bureaus of departments.
Main functions of state inspection agencies in claim settlement ~ Advising heads of similar levels in claim handling; - Receiving citizens: - Carrying out state management in dealing with administrative claims: - Inspecting and examining responsibilities of implementing laws on claims. Definition and function 2. Definition Administrative complaints are the situation where citizens, agencies, organizations, officials, civil servants propose agencies, organizations or authorities re-consider administrative decisions, administrative acts or disciplinary decisions for officials and civil servants when they have evidence showing that the administrative ` Regulated in Article 4 and 5 ofInspection Law in 2010. decisions or administrative acts are unlawful or infringe upon their rights and legitimate benefit Inspecting responsibilities in implementing the law on complaints means the act carried out by the state management agencies in the order and procedures prescribed by the law to review.
conclude strong points. and weak points and responsibilities of agencies, organizations, units and their heads in implementing law on inspection, complaints.