The proposal suggests that the deputy positions should be filled within a maximum of five years.

According to the draft Resolution on handling certain issues related to organizational restructuring, if the number of deputy heads exceeds the current regulations, no later than 5 years from the date the organizational restructuring takes effect, the number of deputy heads must comply with the regulations.

Ensuring normal and smooth operations after restructuring and streamlining.

On the afternoon of February 12th, during the continuation of the 9th extraordinary session of the National Assembly, Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, presented the draft Resolution of the National Assembly stipulating the handling of certain issues related to the reorganization of the State apparatus.

Minister of Justice Nguyen Hai Ninh presented the report.

According to the Minister of Justice, the resolution aims to create a legal basis for implementing the reorganization of the administrative apparatus of state agencies at the central and local levels.

This will help to promptly address issues arising during the restructuring of the state apparatus, avoid legal loopholes, ensure the normal, continuous, and smooth operation of the state apparatus and society as a whole; prevent disruption to the implementation of international treaties and agreements; and guarantee human rights and civil rights as stipulated by law.

The resolution has 15 articles, of which Article 4 stipulates the functions, duties, and powers of the competent agencies and individuals.

When reorganizing the state apparatus, the functions, tasks, and powers of agencies and authorized individuals are implemented according to the principle of transferring those functions, tasks, and powers to the agency or authorized individual who will receive them to continue performing them.

Notably, this provision stipulates that if the number of deputy heads of an agency exceeds the maximum number currently prescribed, then no later than 5 years from the date the decision on organizational restructuring by the competent authority takes effect, the number of deputy heads of the agency must comply with the regulations.

Supervision, control, auditing, and inspection of agencies formed or receiving functions, tasks, and powers after the reorganization of the State apparatus shall be carried out in accordance with the law and must ensure continuity, avoiding gaps or overlaps in the scope of supervisory, control, auditing, and inspection authority, and shall not affect the normal operation of the agencies subject to supervision, control, auditing, and inspection, according to the draft resolution.

Regarding inspection, according to the draft resolution, if, after the reorganization of the State apparatus, the agency receiving the functions, tasks, and powers is authorized to perform specialized inspection functions as prescribed by the Law on Inspection and relevant laws, then that agency may perform specialized inspection functions within the inspection authority of the agency before the reorganization of the State apparatus.

In cases where, after the reorganization of the State apparatus, the agency receiving the functions, tasks, and powers from ministries and ministerial-level agencies is not permitted to perform specialized inspection functions as stipulated in the Law on Inspection and relevant laws, the specialized inspection functions of the agency before the reorganization shall be performed by the Inspectorate of the ministry or ministerial-level agency.

In cases not covered by the above regulations, the specialized inspection function shall be performed by the inspection agency of the directly superior state administrative agency, according to the draft resolution.

Regulations regarding supervisory and oversight functions are necessary after the restructuring.

In reviewing the draft resolution, the Legal Committee found that regulations on the performance of inspection functions or the organization of activities related to temporary detention, custody, litigation, and execution of judgments when restructuring the state apparatus are necessary. This is because these are specific activities that directly relate to and affect human rights and the fundamental rights and obligations of citizens.

However, this is a complex issue, and currently, plans for restructuring and streamlining the organizational apparatus of some agencies are in the process of being finalized and submitted to the competent authorities for decision.

A general view of the parliamentary chamber on the afternoon of February 12th.

Therefore, the Legal Committee recommends that the drafting agency continue to consider and coordinate with relevant agencies and organizations to finalize this content, ensuring it is consistent with the requirements of restructuring the State apparatus.

The reviewing agency also requested the Government and relevant agencies to provide further reports on whether the regulations in the draft resolution fully cover all cases requiring adjustments to the authority and scope of supervision and control after the restructuring.

For example, the Central Committee has agreed on the policy of reorganizing in a way that eliminates district-level police forces. Therefore, in this case, it is necessary to clarify which agency will be responsible for supervising the investigation of criminal cases under the jurisdiction of the District People's Courts to avoid difficulties in the implementation process.

The draft Resolution of the National Assembly stipulating the handling of certain issues related to the reorganization of the State apparatus will be discussed in committees on the morning of February 13th, and then discussed in the plenary session on the afternoon of February 14th.

Source: https://www.baogiaothong.vn/de-xuat-cham-nhat-sau-5-nam-phai-sap-xep-xong-cap-pho-192250212172433551.htm