Kinhtedothi - On the morning of February 5, at the 42nd Session, the National Assembly Standing Committee gave opinions on the draft Law on Government Organization (amended).
Briefly presenting the Draft Law on Government Organization (amended), Minister of Home Affairs Pham Thi Thanh Tra said that the objective of the draft Law is to amend and supplement the regulations on the principles of organization and operation of the Government; the tasks and powers of the Government, the Prime Minister and members of the Government, creating a legal basis for innovation and reorganization of the State administrative apparatus effectively and efficiently. Promoting decentralization and delegation of power, promoting a creative and developing Government, meeting the requirements of building and perfecting the socialist rule-of-law State of Vietnam.
Accordingly, the Draft Law is expected to include 5 articles. Chapters, 35 articles, compared to the current Law, 2 chapters and 15 articles are reduced. The basic contents of the Draft Law include: Completing regulations on the tasks and powers of the Government in relation to State agencies at the central level; completing regulations on the tasks and powers of the Government, the Prime Minister, Ministers, Heads of ministerial-level agencies and the relationship between Government agencies; Completing regulations on the tasks and powers of the Government, the Prime Minister, Ministers, Heads of ministerial-level agencies in relation to local authorities.
Presenting his review viewpoint, Chairman of the Law Committee Hoang Thanh Tung stated that the Standing Committee of the Law Committee agrees with the comprehensive amendment of the Law on Government Organization. The Standing Committee of the Law Committee also agrees with the content on decentralization in the Draft Law to institutionalize the conclusion of the Politburo, creating an important legal basis to "strengthen the autonomy, proactiveness, creativity, and self-responsibility of agencies, units, and localities, associated with enhancing the accountability of leaders and strictly controlling power".
The review agency also requested the drafting agency to continue researching and perfecting the content of the decentralization principle, clarifying the decentralized subjects and the responsibility mechanism of the decentralized agencies to ensure consistency and unity with the provisions of the Draft Law on Organization of Local Government (amended).
“It is proposed to supplement the decentralization principle in the direction that when implementing decentralization, it is necessary to ensure synchronization between the decentralization of tasks and powers and the decentralization of administrative procedure settlement, creating favorable conditions for decentralized agencies to be proactive in handling work, promoting administrative procedure reform associated with enhancing the responsibility of agencies and improving the quality and efficiency of service to people and businesses” - Chairman Hoang Thanh Tung stated his opinion.
In addition, because the Law on Government Organization is amended at the same time as many related laws such as the Law on Organization of the National Assembly, the Law on Organization of Local Government, the Law on Promulgation of Legal Documents, the Law on Supervision Activities of the National Assembly and People's Councils..., it is recommended that the drafting agency continue to review and compare to ensure policy consistency and the consistency of the legal system.
At the meeting, members of the National Assembly Standing Committee agreed to comprehensively amend the Law on Government Organization to promptly institutionalize the Party's policies and guidelines on continuing to innovate the organization and operation of the Government; implement the policy of arranging and streamlining the apparatus of the political system and promoting decentralization and delegation of power; continue to implement the direction of the Party, National Assembly and Government leaders on innovation in thinking in law-making work....
At the same time, delegates focused on giving opinions on a number of key contents related to regulations on principles of authority division; decentralization, delegation; transitional provisions, the relationship between the Government and the National Assembly, the National Assembly Standing Committee, etc.
Speaking at the session, National Assembly Chairman Tran Thanh Man emphasized that public opinion and the people are currently very interested in the reorganization of the state apparatus, ensuring the policy of "streamlining, compactness, strength, efficiency, effectiveness and efficiency". Therefore, the contents submitted to the National Assembly related to the reorganization of the apparatus must be consistent with the Party's policies and guidelines; the preparation process must be urgent, thorough and ensure quality.
National Assembly Chairman Tran Thanh Man also emphasized that in the revision of this Law, it is necessary to promote maximum decentralization to the Government, so that the Government can be proactive, remove difficulties and obstacles, and develop the country. At the same time, the National Assembly Chairman requested to ensure consistency between the provisions related to decentralization and delegation of power stipulated in this Law and related laws such as: Law on Organization of the National Assembly, Law on Organization of Local Government, Law on Promulgation of Legal Documents, Law on Supervisory Activities of the National Assembly and People's Councils.
Reiterating General Secretary To Lam's request on decentralization of power "locality decides, locality does, locality is responsible", the National Assembly Chairman also noted to continue researching and supplementing the concepts of "decentralization" and "authorization" in the Draft Law to ensure consistency and unity with the provisions of the Draft Law on Organization of Local Government (amended); clearly stipulate the conditions for decentralization such as finance, human resources, administrative procedures... In addition, clarify the conditions and people being decentralized, avoid cases of shirking responsibility; decentralized agencies must be proactive, and should not stipulate further decentralization.
Regarding the transitional provisions, the National Assembly Chairman suggested that it is necessary to clearly define the articles, clauses, and points of the laws and ordinances that have adjusted the tasks and powers of the Government, Prime Minister, Ministers, and Heads of ministerial-level agencies.
Concluding the session, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the National Assembly Standing Committee highly agreed on the need to comprehensively amend the Law on Government Organization. Basically, the National Assembly Standing Committee approved the major contents of the Draft Law on Government Organization (amended) which promptly institutionalized the Party's policy on innovation and creativity in organizing the state apparatus to be "streamlined, compact, strong, effective, efficient and effective", dividing the authority and responsibility between legislative, executive and judicial agencies according to the principle of maximum decentralization to the Government, creating favorable conditions for the Government to manage and operate, develop the economy and society according to its functions and tasks; implementing strong and reasonable decentralization and delegation of power between the Central and local levels.
Regarding some specific contents, the Vice Chairman of the National Assembly stated that, regarding the regulations on decentralization, it is necessary to continue to review and clarify the contents of decentralization and authorization in the administrative system, the words and terms expressed, ensuring compliance with the Party's regulations, consistency in the legal system, and relevant laws. In addition, it is necessary to ensure consistency between the decentralization of assigned tasks and powers and the decentralization of administrative procedures and work handling procedures; clarify the responsibilities between superiors and subordinates in decentralization; decentralization needs to be associated with ensuring tasks, powers and responsibilities for implementing task results. At the same time, there should be no further decentralization; decentralization must ensure smoothness, convenience, and feasibility...
Source: https://kinhtedothi.vn/sua-doi-luat-to-chuc-chinh-phu-phan-cap-phan-quyen-manh-me-hon.html
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