Proposal to add regulations on the number of deputies when arranging the organizational structure

On the afternoon of February 5, continuing the 42nd session, the National Assembly Standing Committee gave opinions on the Draft Resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the state apparatus.

View of the meeting. Photo: Doan Tan/VNA

Ensuring normal, continuous and smooth operation of agencies and society

According to the drafting agency, the arrangement and streamlining of the apparatus organization according to the decision of the competent authority has a direct and profound impact on the entire system of legal documents. At the central level, there are 5,026 documents, with a large number of legal documents that need to be processed immediately (including laws, codes, and resolutions of the National Assembly); at the local level, there are 2,828 legal documents issued by the People's Councils and People's Committees at the provincial and district levels.

The issuance of the Resolution aims to create a legal basis for the reorganization of the apparatus of state agencies at the central and local levels in the spirit of "running while queuing", thereby promptly handling arising issues, avoiding legal gaps; ensuring the normal, continuous and smooth operation of the State and the whole society; protecting the legitimate rights and interests of people and businesses when reorganizing the state apparatus.

The Resolution applies in cases of division, separation, merger, consolidation; name adjustment; change of organizational model and structure; transfer of functions, tasks, and powers to implement Resolution No. 18-NQ/TW.

Minister of Justice Nguyen Hai Ninh said that the Resolution stipulates the handling of a number of issues related to the reorganization of the state apparatus, including: Principles; implementation of functions, tasks, and powers of competent agencies, organizations, units, and individuals; names of competent agencies and titles; implementation of administrative procedures; determination of agencies performing supervision, inspection, and examination; litigation and judgment enforcement activities; implementation of inspection functions; authority to sanction administrative violations; international treaties and international agreements that Vietnam has signed; documents and papers issued and promulgated by competent agencies and individuals; use of seals; review and handling of legal documents and handling of issues arising when reorganizing the apparatus.

In addition to developing and proposing regulations to handle issues related to the content authority of a number of entities, creating a legal basis for these entities to have the right to regulate differently from the legal documents of the National Assembly, the National Assembly Standing Committee regulates the functions, tasks, powers, organizational structure, order, procedures for implementing administrative procedures of agencies, units and the authority to regulate the above contents... Clearly define the authority and responsibility to handle other issues arising after agencies, organizations and units carry out the organizational arrangement but not yet regulated in the Resolution in order not to disrupt the normal operations of the state apparatus, people, businesses and continue to review and perfect the legal system.

The handling of a number of issues related to the reorganization of the state apparatus is carried out according to the following principles: Ensuring the legal basis for the normal, continuous and smooth operation of agencies and society; no overlapping, duplication or omission of functions and tasks between agencies. Ensuring no interruption in the implementation of international treaties and international agreements and no impact on the implementation of international commitments of the Socialist Republic of Vietnam. Creating favorable conditions for individuals and organizations in accessing information, exercising rights, obligations and administrative procedures. Ensuring adjustments to the system of legal documents (except the Constitution), administrative documents and other forms of documents that are still in effect according to the provisions of law.

Proposal to add regulations on allowing the number of deputies

Presenting the preliminary review report, Chairman of the Law Committee Hoang Thanh Tung said that the Standing Committee of the Law Committee basically agreed with the determination of the scope of regulation as all agencies and organizations directly related to the implementation of the arrangement and streamlining of the state apparatus as in the draft Resolution, but proposed to stipulate more specifically the cases of organization arrangement that are subject to the Resolution to facilitate the implementation. In addition, there are opinions that when implementing the arrangement of the apparatus, the number of deputies of the heads of agencies and organizations may be higher than the current regulations in laws, resolutions and decrees.

"Therefore, it is proposed to add regulations on allowing the number of deputies of the head of an agency or organization when reorganizing the apparatus to be greater than the maximum number according to current regulations to create a legal basis for the arrangement and meeting the requirements of management and operation of the agency or organization" - the Standing Committee of the Law Committee proposed.

The Standing Committee of the Law Committee agrees to assign the Government to consider and resolve issues arising after the reorganization of the apparatus under the authority of the National Assembly to increase the Government's initiative and promptly handle issues arising that have not been adjusted in the Resolution. Regarding the regulation allowing some entities to issue administrative documents to guide the resolution of issues arising from the reorganization of the apparatus, it is proposed to supplement regulations on a number of conditions for the issuance of documents of this type to ensure strictness and avoid abuse.

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