Da Nang Department of Home Affairs Deputy Director Le Phu Nguyen said civil servants avoid performing their duties because of fear of responsibility and lack of legal framework.
Discussing at the 15th session of the Da Nang People's Council on December 13, Mr. Le Phu Nguyen said that the situation of avoiding and shirking responsibility does not only occur in Da Nang but is common in many places. Through monitoring and receiving voters' opinions, there are two reasons leading to the above situation.
Regarding negative psychology, civil servants often aim for their own safety. Mr. Nguyen cited the example of the Hoa Bac commune government (Hoa Vang district) recently developing a community tourism model on agricultural and forestry land, but the city later said it was not in accordance with land and planning regulations and suggested stopping it. This means that the livelihood and new development direction of the locality are facing difficulties.
"Why don't we say that we must use it for the right purpose in the middle of the city, but when it's difficult in the mountains, we raise such a problem? It's difficult for us to do it right away," said the Deputy Director of the Department of Internal Affairs.
Delegate Le Phu Nguyen expressed his opinion at the discussion session of the Da Nang City People's Council meeting on December 13. Photo: Nguyen Dong
To solve the fear of making mistakes, not daring to think or do, Mr. Nguyen believes that first of all, the leader must be steadfast, fair, encouraging and protective so that subordinates have the spirit to follow.
"If the leader is also afraid, it will be very difficult. Leaders let their subordinates rely on them, if they are weak, their colleagues will also fall," he said, suggesting that the city set up a working group with the participation of the Inspection and Supervision Committee to promptly correct agencies and units with poor working attitudes; regularly monitor and report on the spirit and responsibility of sectors and levels in solving work for people and businesses.
Legally, Mr. Nguyen said that in terms of labor relations, civil servants are a "special type of social worker". Civil servants must comply with legal regulations in each job and field of responsibility. Therefore, when the law is inappropriate or contradictory, civil servants cannot be forced to do otherwise.
"Legal shortcomings must be resolved through legal means and cannot be blamed on officials and civil servants. We must speak frankly with each other, even though this is beyond the scope of the city and belongs to legislative and regulatory agencies," he said.
Referring to the experience of developed administrative systems, Mr. Nguyen said that no legal system in the world can manage or meet all practical needs. Therefore, administrative law must empower the Government and local authorities to decide on situations that are not regulated by law or have conflicts in order to meet practical needs.
In addition, the power monitoring agencies have long only monitored compliance with the law, not focusing on effectiveness. If it is legal but ineffective, the monitoring agency needs to recommend adjustments "rather than stubbornly protecting the law".
Commenting on the above issue, Chairman of the City People's Council Nguyen Minh Triet cited Directive 34 of the Standing Committee of the Da Nang City Party Committee issued in October, clearly stating the manifestations of avoiding and shirking responsibility such as not proactively proposing and deciding to resolve tasks within the assigned authority and responsibility; giving "roundabout" advice; lacking responsibility, being indifferent, and insensitive to complaints, frustrations, and difficulties of people and businesses...
"The City People's Committee and related sectors must pay attention to the exemplary responsibility of leaders, especially strengthening inspection and examination of public services in conjunction with sanctions for officials who violate the above manifestations," said Mr. Triet.
Recently, in many places, officials are afraid of making mistakes and do not dare to do anything. One of the reasons is overlapping regulations and emerging realities that are not regulated by law.
To remedy this, in September, the Government issued a decree allowing officials who implement innovation and creativity proposals that are assessed as completed to not be held legally responsible. Officials who implement innovation and creativity proposals that do not complete or only partially complete the set goals, but are assessed by the agency as having the right policy, pure motives, and for the common good, are exempted from legal responsibility.
Officials who implement innovation proposals but fail to complete or only partially complete the set goals and cause damage, but are assessed by the agency to have correct policies, pure motives, and for the common good, will also be excluded, exempted, or have their responsibilities reduced.
However, discussing at the National Assembly in early November, delegate Tran Huu Hau (former Secretary of the Tay Ninh City Party Committee, Tay Ninh Province) said that instead of letting officials "break the rules" to carry out their duties, it is necessary to clearly identify obstacles and overlaps and resolve them so that officials can work with peace of mind. "We need to build laws so that officials do not have to risk their political lives to carry out their duties and responsibilities," he said.
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