Kinhtedothi - The draft Law on Organization of Local Government (amended) clearly stipulates that the delegation of power must be done by law. The agency receiving the delegated power is fully responsible for the results of the delegated tasks...
At the afternoon session on February 12th, the National Assembly heard Minister of Home Affairs Pham Thi Thanh Tra present the draft Law on the Organization of Local Government (amended), which stated that the draft Law consists of 7 chapters and 50 articles (a reduction of 93 articles compared to the current Law), and notably includes a separate chapter on the delineation of authority, delegation of power, decentralization, and authorization between local governments at different levels. This serves as a basis for specialized laws to ensure consistency when regulating the tasks and powers of local governments and state agencies at the local level in specific sectors and fields.
The draft law clearly stipulates that the delegation of power must be in accordance with the law. Higher-level state agencies, within the scope of their duties and powers, are responsible for supervising and verifying the constitutionality and legality of the implementation of the tasks and powers delegated to local governments at all levels.
Local governments are autonomous and responsible for the implementation of their assigned tasks and powers; at the same time, they are authorized to delegate or authorize tasks and powers that are delegated to them, except in cases where the law stipulates that such delegation or authorization is prohibited.
Regarding decentralization, the Draft Law expands and clearly defines the entities to which decentralization is carried out and the entities that receive it; it also clearly defines the responsibilities of the decentralizing agency in ensuring the conditions for implementing decentralization. Specifically, the agency receiving the decentralization is fully responsible for the results of the delegated tasks if the decentralizing agency has ensured the conditions as stipulated.
This regulation aims to create a legal basis for agencies within their jurisdiction to review and promote the implementation of decentralization of authority, along with conditions to ensure its implementation.
The draft law also expands and clarifies the authorized and authorized entities. Accordingly, it clearly stipulates the requirements for authorization (authorization must be in written administrative form from the authorizing agency), and specifies certain tasks that cannot be delegated...
Regarding the duties and powers of local governments at all levels, implementing the principle of "clear responsibilities, clear tasks, clear accountability" and avoiding overlapping and duplication of duties and powers between different levels of local government and between local government agencies, the Draft Law specifically stipulates the duties and powers of the People's Council and the People's Committee in each administrative unit in the following direction: defining the duties and powers between the People's Council and the People's Committee; defining the duties and powers of the collective People's Committee and the individual Chairman of the People's Committee where the local government organization is located, in a way that increases the duties, authority, and responsibility of the individual Chairman of the People's Committee.
Furthermore, the draft law is revised to maintain the current model of local government organization. In all administrative units at all levels, the local government structure will consist of the People's Council and the People's Committee, except in specific cases where the National Assembly stipulates that it is not a local government structure. This provision ensures the continued implementation of urban government organization in some centrally-governed cities in accordance with the Capital City Law and National Assembly resolutions.
Presenting the report on the review of the Draft Law, Chairman of the National Assembly's Law Committee Hoang Thanh Tung stated that the Law Committee basically agrees with the Government 's proposal to continue maintaining the model of local government organization as stipulated in the current Law and other laws and resolutions on urban government organization.
In addition, the Legal Committee agrees with the continued improvement of regulations on decentralization and delegation of authority to local governments (Chapter III) in order to concretize the policy of promoting decentralization and delegation of power, fostering the initiative, creativity, and self-responsibility of local governments at all levels in the spirit of "local authorities decide, local authorities act, local authorities are responsible".
Regarding the duties and powers of local governments (Chapter IV), Chairman Hoang Thanh Tung stated that the Legal Committee agrees with the presentation of the duties and powers of the People's Councils and People's Committees at all levels as in the current Law; and at the same time, proposes further review and revision of the regulations on the duties and powers of local governments at all levels in the Draft Law to ensure feasibility, consistency with the legal system, and the stability and long-term viability of the Law.
Source: https://kinhtedothi.vn/luat-to-chuc-chinh-quyen-dia-phuong-sua-doi-bao-dam-nguyen-tac-ro-nguoi-ro-viec.html
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