Minister of Justice Nguyen Hai Ninh. Photo: Van Diep/VNA
Responding to a press interview on this content, Minister of Justice Nguyen Hai Ninh said that the scope of regulation of the decrees on decentralization, delegation, and determination of authority only focuses on regulating the readjustment of authority, mainly from central agencies to local authorities.
According to the Minister of Justice, these decrees only stipulate the contents that need to be amended in current laws, including laws, resolutions, and ordinances of the National Assembly and the National Assembly Standing Committee, to decentralize, delegate, and define authority and the order and procedures for performing tasks and powers that are decentralized, delegated, and defined authority, without re-stipulating the contents that are still appropriate in these documents.
Therefore, Ministries, branches and localities shall simultaneously apply the provisions of the Decrees and relevant provisions of current laws to perform their assigned tasks and powers.
For situations that may arise, Ministries and localities shall base on the transitional provisions in Article 50 of the Law on Organization of Local Government 2025 and in the Decrees to take timely handling measures.
It should be noted that according to the provisions of Clause 8, Article 54 of the Law on Organization of Local Government, the transition issue when performing work and procedures when implementing two-level local government is regulated.
Accordingly: The administrative work, procedures, petitions and complaints (hereinafter referred to as work and procedures) of the agencies under the district-level local government that are being resolved for individuals, organizations and enterprises, if by July 1, 2025 they have not been completed, or have been completed before July 1, 2025, but then related issues arise that need to be resolved, then the agency receiving the functions, tasks and powers of the district-level local government or the newly formed commune-level local government shall arrange the place where the work and procedures arise, and shall be responsible for coordinating with relevant agencies to continue to resolve them, ensuring that the work is not interrupted and that the normal activities of society, people and enterprises are not affected.
In case the work content and procedures are related to 2 or more newly formed commune-level administrative units after the arrangement, or have complicated content, the Chairman of the Provincial People's Committee shall, based on the provisions at Point g, Clause 2 and Clause 3, Article 11 of this Law, be responsible for directing the settlement.
At the same time, Clause 8, Article 54 of the Law also stipulates the principles of application. In case the Government 's legal documents regulating decentralization, delegation, and division of authority of local authorities have provisions on handling the tasks and procedures prescribed in this Clause, then the Government's regulations shall apply.
Regarding the time of application of decrees on decentralization, delegation, and assignment of authority, Minister Nguyen Hai Ninh said that, in principle, the decrees on decentralization, delegation, and assignment of authority will only be legally effective until March 1, 2027. The contents on decentralization, delegation, and assignment of authority and the order and procedures for implementation in these decrees will be replaced by provisions of new/amended and supplemented laws, resolutions, and decrees.
Immediately after the Decree is issued until March 1, 2027, ministries and branches must review current laws to propose amendments, supplements, and promulgation of new laws, resolutions, ordinances, and decrees to adjust them in accordance with the new principles and regulations on the division of authority, decentralization, and decentralization.
During the implementation process, ministries, branches and localities need to evaluate the effectiveness of the implementation of decentralized tasks and powers to recommend competent authorities to review and adjust, ensuring suitability in terms of authority, capacity and practical conditions.
Regarding the additional contents in the Draft Law, Minister Nguyen Hai Ninh said that the Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents has added the authority to promulgate legal documents of agencies and individuals.
Specifically: The Chairman of the Provincial People's Committee issues decisions to decentralize and implement decentralized tasks and powers; measures to direct and manage the activities of the People's Committee, and coordinate activities between specialized agencies and other agencies and organizations under the People's Committee.
The People's Councils of communes, wards and special zones issue resolutions to regulate matters assigned by law and resolutions of the National Assembly; perform decentralized tasks and powers. The People's Committees of communes issue decisions to regulate matters assigned by law and resolutions of the National Assembly; decentralize and perform decentralized tasks and powers.
In addition, at the same time as the Law on Organization of Local Government adds a provision that the Provincial People's Council decentralizes to the People's Committee of the same level or the Commune People's Council (Clause 1, Article 13), the draft Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents also adds a provision that the Provincial People's Council issues resolutions to regulate decentralization and implement decentralized tasks and powers.
Responding to concerns that due to the urgent time and the requirement for thorough decentralization and delegation of authority by ministries, branches and localities, there may be unclear tasks and powers, and not really reasonable in terms of authority, order and implementation procedures, Minister Nguyen Hai Ninh said: In order to effectively organize the implementation of local tasks and powers, Clause 7, Article 13 of the Law on Organization of Local Government has very "open" provisions to give proactive authority to local governments.
Specifically, in cases where it is necessary to change the order, procedures, and authority currently prescribed in legal documents of higher-level state agencies to implement decentralization, the People's Council, People's Committee, and Chairman of the People's Committee at the provincial level shall adjust those regulations in the legal documents on decentralization issued by them to perform the decentralized tasks and powers, ensuring the requirements for administrative reform in the direction of reducing administrative procedures, promoting the application of information technology, digital transformation in handling administrative procedures, not prescribing additional components of the dossier, not increasing requirements, conditions, and time for handling currently applied procedures.
The Chairman of the Provincial People's Committee is responsible for publicizing administrative procedures that have been changed or adjusted as prescribed in this Clause in accordance with the provisions of law and then is responsible for synthesizing and reporting to the central state management agency of the relevant sector or field on the adjustment of procedures, processes, and authority to perform the tasks and powers assigned to him/her in the locality. For tasks assigned that are not suitable to the authority, conditions, capacity, resources, functions, and tasks of the locality, the assigned agency may make recommendations to the assigned agency for adjustment; promptly propose amendments and supplements to relevant laws.
At the same time, Clause 9, Article 54 of the Law on Organization of Local Government also specifically stipulates cases where it is necessary to resolve issues arising when organizing local governments at the provincial and communal levels, in which the People's Council and People's Committee at the provincial level are responsible for reviewing, issuing documents or authorizing the issuance of documents to resolve issues arising within the scope of their tasks and powers; may issue administrative documents to guide the resolution of issues arising if the conditions specified in Clause 10, Article 54 of the Law are met, and at the same time organize the development and issuance of legal documents according to their competence or submit to competent agencies and persons to amend, supplement, and issue legal documents to adjust the content prescribed in administrative documents or the content authorized for issuance.
Do Binh (Vietnam News Agency)
Source: https://baotintuc.vn/thoi-su/bo-truong-tu-phap-nguyen-hai-ninh-cac-nghi-dinh-phan-quyen-phan-cap-phan-dinh-tham-quyen-chi-co-hieu-luc-phap-luat-den-ngay-132027-20250617222039191.htm
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