Two-level local government: A historic, comprehensive, and deeply constructive reform

(Chinhphu.vn) - According to the Minister of Home Affairs, for the first time in nearly 80 years, based on the Party's major policy, the National Assembly will decide to convert the local government model from 3 levels to 2 levels - a historic reform.

Minister of Home Affairs Pham Thi Thanh Tra spoke to explain and clarify a number of issues raised by National Assembly deputies related to the draft Law on Organization of Local Government (amended).

On the morning of May 14, at the National Assembly House, continuing the program of the 9th Session, the National Assembly discussed in the hall the Draft Law on Organization of Local Government (amended).

Representing the agency in charge of drafting the bill, Minister of Home Affairs Pham Thi Thanh Tra said that the comments from National Assembly deputies were profound, comprehensive, practical and accurate. The Ministry of Home Affairs is committed to fully absorbing them to complete the draft Law on Organization of Local Government (amended) - a law of great significance to the state administration.

According to Minister Pham Thi Thanh Tra, this is considered a historic milestone in Vietnam's legislative work, because for the first time in nearly 80 years since the country's founding, on the basis of the Party's major policy, the National Assembly will consider and decide to convert the local government model from 3 levels to 2 levels.

This is a comprehensive institutional and administrative reform of profound constructive nature, reflecting the strategic vision and determination to innovate of the Politburo , the Central Executive Committee, the General Secretary, the National Assembly, and the Government so that the country can firmly enter a new era.

"Today's discussion can be considered a historic milestone, demonstrating the transformation from administrative management thinking to creative and service-oriented governance; from administrative division to decentralization, delegation of power and delegation of authority in a substantive and clear manner; from the cumbersome, multi-layered administrative apparatus of local governments to a streamlined local administrative system, with the goal of being close to the people and serving the people better and better," the Minister emphasized.

4 fundamental elements for local government reform

Clarifying the principles and consistent elements of the bill, Minister Pham Thi Thanh Tra said that the drafting of the Law was based on four fundamental elements.

Firstly, establish the legal structure of the two-level local government on the basis of compliance with a number of articles related to the amended Constitution and on the basis of institutionalizing the Party's policy in the spirit of Resolution No. 60 of the recent 11th Central Executive Committee Conference and other major conclusions and policies of the Party on streamlining the organizational apparatus of the entire political system and building two-level local government.

Second, inherit, supplement and clearly define the authority to decentralize, delegate and authorize between the Central and local levels, between local authorities, creating a legal basis for the entire specialized legal system to be revised synchronously later. This principle aims to promote the proactiveness, creativity and responsibility of localities in accordance with the spirit of "Local decision, local action, local responsibility".

Third, clearly define the functions, tasks and powers of each level of local government, in accordance with the requirements of the country's new development stage.

Fourth, establish a complete and comprehensive legal basis to remove all difficulties, barriers and obstacles for the conversion of local government from 3 levels to 2 levels, but associated with the immediate implementation of decentralization, delegation of authority and delegation of authority according to the policy of the Politburo and the Central Executive Committee so that localities can properly implement the goals.

The National Assembly discussed the Draft Law on Organization of Local Government (amended)

Decentralization, delegation of authority and flexible mechanism in operation

One of the key issues that National Assembly deputies are particularly interested in is the principle of delimiting authority between levels of government. According to the Minister, the draft has basically inherited the provisions of the current Law (recently amended in February 2025) and continues to perfect legislative techniques to ensure political, legal, and administrative requirements, creating a guiding basis for all specialized laws to be promptly amended and supplemented.

Accordingly, the draft has fully established the principles, scope, subjects, contents, forms, and conditions for decentralization, delegation of authority, and authorization, and at the same time, it is accompanied by a control mechanism to ensure the promotion of the role of the local government in deciding, organizing, implementing, and taking responsibility for all tasks within its assigned authority. This is the most important point regarding the principle of delimitation of authority.

The regulations ensure compliance with the spirit of Resolution No. 27 of the Central Executive Committee on State power being unified but with appropriate division of labor among legislative, executive and judicial agencies, especially between the Central and local levels.

In particular, the principle of decentralization, decentralization, and delegation of authority is implemented with careful and thorough review and anticipation of issues that may arise during the implementation process related to decentralization and delegation of authority to establish a creative, dynamic, and flexible management mechanism for local authorities as well as ensure that in "necessary" cases, local authorities can proactively handle situations.

The Minister gave an example in Clause 4, Article 11 of the draft, where, if necessary, the People's Committee or the Chairman of the Provincial People's Committee must promptly resolve issues to ensure smooth operation, without delay or interruption, in accordance with the principles of government organization associated with authority, responsibility, decentralization, and delegation of power but not laxity.

The issue of "necessary cases" - a term used in the draft, was thoroughly explained by Minister Pham Thi Thanh Tra. That is when the specialized agency or commune level does not have the capacity to perform any task when an urgent, complex, sensitive issue arises that exceeds the ability of the lower level to handle; when sudden, unusual tasks arise that require prompt response; when the Chairman of the Provincial People's Committee determines that there are signs of stagnation or avoidance; or situations that require inter-regional and inter-commune coordination and harmonization in urgent cases.

"Practices are very diverse and rich. Without this mechanism, we really cannot ensure the requirements for smooth, interconnected, unified, and effective operation," the Minister emphasized, adding that the Law on Government Organization also has a provision assigning the Prime Minister to handle situations when necessary.

According to the Minister, currently, through review, there are up to 177 laws regulating the authority of ministers, 152 laws regulating the specific authority of the Prime Minister, and 170 laws regulating the specific authority of the People's Council and People's Committee at the district level.

Currently, there are up to 474 tasks stipulated in 104 laws, 249 decrees and circulars that need to be decentralized or re-decentralized, and it is expected that 140 tasks will be decentralized to localities, and the authority of commune-level authorities will be re-decentralized with about 300 tasks, along with 90/99 tasks currently included in the current Law on Organization of Local Government.

"Thus, it needs to be handled immediately. After the National Assembly passes this bill, the ministries will have to urgently advise the Government to issue a Decree guiding its implementation to ensure consistency and synchronization," the Minister said, adding that the Government will issue 25 decrees guiding its implementation, creating a complete legal corridor so that two-level local governments can officially operate from July 1, 2025.

Thu Giang

Source: https://baochinhphu.vn/chinh-quyen-dia-phuong-2-cap-cuoc-cai-cach-lich-su-toan-dien-kien-tao-sau-sac-102250514135224716.htm