Ministry of Justice proposes new authority for commune level after abolishing district level - Lang Son Newspaper and Radio and Television

The Ministry of Justice has just announced the appraisal dossier of the draft Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents.

Accordingly, the drafting agency proposed to add regulations to comply with the amendment and supplementation of the Constitution and the Law on Organization of Local Government.

Headquarters of People's Committee of Doi Can Ward, Ba Dinh District, Hanoi City.

According to the Ministry of Justice, the 2013 Constitution is expected to amend and supplement a number of articles to be submitted to the National Assembly at the 9th Session to determine the arrangement and reorganization of administrative units at all levels and the construction of a two-level local government organization model.

The current Law on Organization of Local Government is designed at 3 levels (including: provincial level, district level and commune level).

To implement the 2-level local government model and solve problems arising when converting from the 3-level local government model to the 2-level local government model, the Law on Organization of Local Government (amended) stipulates 2-level local government (provincial level, communal level).

Therefore, to ensure consistency and conformity with the amendment and supplementation of a number of articles of the Constitution and the Law on Organization of Local Government (amended), the Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents is expected to amend a number of articles and clauses of the current Law.

Specifically, the draft Law stipulates the authority to issue legal documents of local authorities at the commune level to be consistent with the policy of innovating the organizational model and operation method of two-level local authorities; thoroughly overcoming the overlap and duplication of functions, tasks and powers of local authorities at all levels.

The Draft Law stipulates: " The People's Council at the commune level issues resolutions to regulate issues assigned by law and resolutions of the National Assembly; performs decentralized tasks and powers. The People's Committee at the commune level issues decisions to regulate issues assigned by law and resolutions of the National Assembly; decentralizes and performs decentralized tasks and powers ."

According to current law, the People's Council and People's Committee at district level will perform the above tasks.

Regarding the handling of documents of local authorities at the district level, the draft Law stipulates that the Provincial People's Council shall abolish resolutions of the District People's Council; the Provincial People's Committee shall abolish decisions of the District People's Committee according to a roadmap no later than 2 years from the effective date of the Law to abolish all legal documents of the District People's Council and District People's Committee.

The Ministry of Justice also believes that it is necessary to clearly define the tasks and powers of each level of local government in the following direction:

The provincial level focuses on promulgating mechanisms, policies, strategies, planning, macro-management, inter-regional and inter-institutional issues that exceed the capacity of the grassroots to resolve, require deep expertise and ensure consistency across the province.

The commune level is the level of policy implementation (from the central and provincial levels), focusing on tasks serving the people, directly solving community problems, providing basic and essential public services to local people; tasks that require community participation, promoting the initiative and creativity of the commune level.

Also according to the Ministry of Justice, according to the orientation on building a two-level local government of the revised Law on Organization of Local Government, there will no longer be an intermediate administrative unit (district level).

Therefore, the draft Law removes the authority to issue legal documents of the People's Council and People's Committee at the district level.

Source: https://baolangson.vn/bo-tu-phap-de-xuat-tham-quyen-moi-cho-cap-xa-sau-khi-bo-cap-huyen-5043641.html