BTO - This morning, February 13th, participating in the discussion session of the Draft Law on Organization of Local Government (amended) and the Draft Resolution of the National Assembly stipulating the handling of some issues related to the arrangement of the state apparatus, the Head of the National Assembly Delegation of Binh Thuan province, Dang Hong Sy, basically agreed with the contents of the draft law, and at the same time proposed some contents to improve the draft law and resolution.
Commenting on the draft Law on the Organization of Local Government (amended), regarding some suggestions to reconsider maintaining the People's Councils at the commune level, delegate Dang Hong Sy argued that for the time being, the current structure should be maintained. According to the delegate, this issue is directly related to the Constitution; any change would require amendment, as the Constitution already contains very clear provisions. Therefore, this is a matter requiring long-term research, rather than immediate adjustment. For now, to facilitate the reorganization of the administrative apparatus, the delegate suggested focusing on the contents already mentioned in the draft, while other issues will be further researched, considered in depth, and recalculated later.
Furthermore, regarding the dismissal of officials elected by the People's Council in Article 34 of the draft law, delegates agreed with the previous statement that when officials transfer out of the administrative unit or retire, they should be automatically dismissed without the need for the current dismissal voting process. However, to ensure continuity in management, delegates emphasized the need to add a regulation to ensure that when the Chairman of the People's Committee retires or is transferred to another position, the competent authority must simultaneously assign personnel to assume the management authority, avoiding creating a vacuum in administrative management.
Therefore, the delegates proposed adding a provision to Article 34 of the Law on Organization of Local Government (amended) stipulating that for positions elected by the People's Council, especially the position of Chairman of the People's Committee, when the official holding this position retires or transfers out of the administrative unit, they shall automatically cease to hold the position without having to go through the dismissal procedure at the People's Council.
Commenting on the draft Resolution of the National Assembly on handling certain issues related to the reorganization of the state apparatus, Representative Dang Hong Sy highly appreciated the proactive approach of the Government and the National Assembly in issuing the resolution to ensure that the reorganization process proceeds smoothly and does not disrupt administrative work. According to the representative, without specific transitional provisions, the reorganization process would face many disruptions, especially in areas such as administrative procedures, contract signing, district-level litigation, or handling cases under investigation.
However, the delegate requested clarification on the transitional provisions in Clause 1, Article 13, which stipulates: “The Government, the Chief Justice of the Supreme People's Court, and the Prosecutor General of the Supreme People's Procuracy shall consider issuing documents to resolve or authorize the issuance of documents to resolve issues arising from the reorganization of the state apparatus under the authority of the National Assembly. They shall periodically report to the Standing Committee of the National Assembly quarterly and report to the National Assembly at the nearest session.” Upon review, it appears that this provision is unclear whether the issues arising are those already mentioned in the draft resolution or new issues not included in the resolution. Therefore, the delegate suggested adding the phrase “not mentioned in this resolution” after the section “issues arising from the reorganization of the state apparatus…”. To make it clearer and easier to understand, Clause 1, Article 13 will be rewritten as follows: “The Government, the Chief Justice of the Supreme People's Court, and the Prosecutor General of the Supreme People's Procuracy shall consider, issue documents, resolve or authorize the issuance of documents, and resolve issues arising from the reorganization of the state apparatus not mentioned in this resolution that fall under the authority of the National Assembly, and periodically report to the Standing Committee of the National Assembly on a quarterly basis and to the National Assembly at the nearest session.”
Furthermore, delegates suggested that appropriate authority should be delegated for handling issues. If every issue has to be reported to the Government, it will be unsustainable given the sheer volume of work. The Government should provide clear guidance: Issues falling under the authority of the provincial People's Committee should be handled by the provincial People's Committee, while issues under the authority of the Government should be handled by the Government.
Representative Dang Hong Sy emphasized that the reorganization of the administrative apparatus needs to be carried out quickly and promptly, avoiding bottlenecks caused by complex procedures. Adding clear regulations on decentralization will help ensure smooth operation and prevent disruptions to the activities of administrative agencies. Based on this, the representative proposed amending some contents to further refine the resolution and ensure its feasibility during implementation.
Source: https://baobinhthuan.com.vn/truong-doan-dai-bieu-quoc-hoi-tinh-binh-thuan-dang-hong-sy-giu-nguyen-hoat-dong-cua-hoi-dong-nhan-dan-cap-xa-127889.html
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