On the morning of February 13th, during group discussions on the draft Law on Government Organization and the Law on Local Government Organization, Minister of Home Affairs Pham Thi Thanh Tra emphasized many groundbreaking contents of these two draft laws.
It literally means "running and queuing at the same time".
According to Minister Pham Thi Thanh Tra, the drafting of these two bills is taking place in a particularly urgent context, linked to the requirement of streamlining and reorganizing the administrative apparatus.
"The time allotted for drafting the laws was only two months, literally 'running and queuing at the same time,' but it had to ensure consistency and uniformity with the current legal system. These two draft laws not only have political and legal significance, but also historical importance," the Minister of Home Affairs emphasized.
Minister of Home Affairs Pham Thi Thanh Tra. Photo: Pham Thang
Therefore, the question is how to design these two laws to meet the requirements, create a proactive and flexible mechanism, and improve the quality of administrative operations from the central to local levels.
According to Ms. Tra, one of the notable new points is the approach to drafting these two laws, which is based on general, fundamental principles that are completely different from before.
In accordance with the directives of the Politburo, the General Secretary, and the Chairman of the National Assembly , the law only stipulates core principles that are stable and long-lasting, instead of delving into detailed regulations. This ensures the stability, value, and enduring vitality of the draft law, and guarantees the practical operation of the state administration.
The Minister of Home Affairs also stated that these two draft laws are considered "fundamental laws," laying the foundation upon which subsequent specialized laws will be designed. Without this principle, the legal system would be disrupted, causing conflicts between fundamental laws and specialized laws.
Ms. Tra cited examples of this approach, noting that many countries have implemented it, such as the State Council Law of China (20 articles), the Cabinet Law of Japan (23 articles), and the Law of the Republic of Finland (28 articles).
A key aspect reflected in the two bills is the clear delineation of authority between the central government and local governments. The central government is clearly defined as the highest administrative body, exercising executive power.
The bill also clarifies the relationship between the government and the legislative and judicial branches.
Furthermore, the authority of the Prime Minister, ministers, heads of ministerial-level agencies, and chairpersons of People's Committees is clearly defined in these two laws. "Clearly defining responsibilities is to avoid pushing matters up to the Government," Ms. Tra said.
The core principles are decentralization, delegation, and authorization.
Minister Pham Thi Thanh Tra pointed out that the core issues of the two draft laws are decentralization, delegation, and authorization. Specifically, decentralization is stipulated in the law, ensuring the highest legal validity; delegation is stipulated in sub-legal documents, providing flexibility in administration; and authorization is stipulated through administrative documents, facilitating the quick handling of practical issues.
Based on this principle, ministers and heads of ministerial-level agencies develop legal documents to ensure consistency throughout the entire state administrative system.
"Over the past period, we have worked day and night, even during the Lunar New Year holiday, to focus on drafting the law, which clarifies the delegation of power and decentralization, because this is a very new content in the Law on Government Organization," Ms. Tra shared.
Of these, two draft laws are designed in accordance with the principle stated by General Secretary To Lam: "Local authorities decide, local authorities act, and local authorities take responsibility." This is an important legal basis for resolving all current issues in specialized laws.
The Minister of Home Affairs also highlighted a prominent issue in current state management: overlapping regulations on authority.
Upon review, it was found that 177 laws stipulate the authority of ministers and heads of ministerial-level agencies; 152 laws stipulate the authority of the Prime Minister; 141 laws stipulate the authority of People's Committees and People's Councils; and 92 laws stipulate the authority of all three levels of local government.
"With such a complex legal system, without strong reforms, it will be very difficult to effectively decentralize, delegate, and authorize power," Ms. Tra said.
Ms. Tra reiterated that a very new aspect in Vietnam's legislative thinking is legislative delegation. This is unprecedented.
"The government is authorized to issue decrees and documents to address practical issues; otherwise, it would be very difficult," Ms. Tra said, adding that this was a very wise decision.
According to the Minister of Home Affairs, after the two laws are passed, other laws must be amended within two years to ensure consistency. Currently, the Government has completed important decrees related to these two draft laws and will issue them immediately after the laws are passed by the National Assembly, to guide the implementation and operation of the new system, avoiding any legal gaps.
Vietnamnet.vn
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