Should the authority to issue administrative procedures be delegated to the commune level?

(Dan Tri Newspaper) - The draft Decree on controlling administrative procedures proposes two options regarding the authority of commune-level authorities to issue administrative procedures, aiming to ensure both flexibility and strict control.

Adjusting the authority to issue administrative procedures at the commune level is a notable point in the draft Decree amending and supplementing several articles of decrees related to the control of administrative procedures, drafted by the Government Office and currently being reviewed by the Ministry of Justice.

This issue arises in the context of the nationwide implementation of a two-tiered local government model, where the commune level is increasingly playing a more direct role in organizing and implementing state management tasks and resolving administrative procedures for citizens and businesses.

According to the draft submission from the Government Office, after the reorganization of administrative units, the geographical area, population, and workload of commune-level authorities have increased significantly. This requires a review and adjustment of regulations on administrative procedure control, including the issue of the authority of commune-level governments to issue administrative procedures, in order to ensure that the processing of procedures is not interrupted and is in accordance with the new regulations.

The issue of the authority of commune-level governments to issue administrative procedures is currently being considered by the Government (Illustrative image: Trinh Nguyen).

The draft Decree raises a major issue requiring consultation: the authority of local commune-level governments in issuing legal documents containing regulations on administrative procedures.

Accordingly, the drafting agency proposed two options with different impacts on the legal system, administrative procedure control, and local management activities.

In the first option , the draft stipulates that administrative procedures can only be regulated in legal documents issued by the Government or submitted to the National Assembly or the Standing Committee of the National Assembly; or issued by the Prime Minister, Ministers, heads of ministerial-level agencies, People's Councils, People's Committees, and chairmen of provincial People's Committees according to their authority. According to this approach, commune-level governments are not allowed to issue administrative procedures.

The biggest advantage of this option is that it avoids creating new administrative procedures issued by the People's Council and People's Committee at the commune level, thereby preventing the risk of creating unnecessary costs and inconvenience for citizens and businesses.

Not delegating the authority to issue administrative procedures to the commune level also helps to limit the situation where each commune or ward in the same province prescribes different administrative procedures, leading to conflicts, overlaps, or even violations of higher-level legal regulations.

At the same time, this approach is considered to contribute to enhancing the effectiveness of administrative procedure control and unifying the receipt and processing of administrative procedures regardless of administrative boundaries.

Furthermore, Option 1 does not create additional requirements or responsibilities for commune-level officials and civil servants in the stages of impact assessment, appraisal, publication, and public disclosure of administrative procedures, nor does it increase the burden on the provincial level in inspecting, reviewing, and handling administrative procedures issued by communes.

However, a drawback of this approach is that it may reduce the initiative, flexibility, and creativity of commune-level authorities in concretizing the Party and State's guidelines and policies into practice, especially in areas with specific conditions such as remote areas, mountainous regions, islands, and border areas.

The second option allows the People's Councils and People's Committees at the commune level to regulate administrative procedures in cases where they are authorized by law or National Assembly resolutions, or when it is truly necessary to implement specific measures that are appropriate to the socio-economic development conditions of the locality, with the requirement of avoiding duplication and overlap between the central and local levels, as well as between different levels of government.

This approach is considered to facilitate the proactive and flexible role of local authorities, helping to reduce delays in issuing and adjusting regulations when issues arise from practice, in line with the policy of decentralization and delegation of power.

However, the accompanying risks include a lack of uniformity in the legal system, overlapping regulations, and conflicting implementation of administrative procedures among communes within the same province. Expanding authority could also lead to the issuance of administrative procedures that are inconsistent with higher-level documents, resulting in additional paperwork, prolonged processing times, and increased costs for citizens and businesses, while also making it difficult to control the quantity and quality of administrative procedures.

Source: https://dantri.com.vn/noi-vu/co-nen-giao-tham-quyen-ban-hanh-thu-tuc-hanh-chinh-cho-cap-xa-20251216170506023.htm