Responding to urgent needs in management practice
Following the Prime Minister's direction on reviewing and handling legal documents related to the arrangement and organization of two-level local governments and Plan No. 447/KH-CP dated May 17, 2025 of the Government, based on the orientation of amending the Constitution, the conclusions of the Politburo and the Secretariat on the arrangement of administrative units, the Ministry of Science and Technology has proactively proposed and developed a plan to demarcate the authority between the two levels of government to avoid legal gaps, ensuring the smooth operation of the state apparatus when switching to a two-level model. At the same time, it demonstrates the spirit of extensive administrative reform, promoting decentralization, delegation of power and promoting local initiative and creativity.
With the viewpoint of decentralization to serve state management at the local level, the Decree is built on the principle of "Local decision - Local action - Local responsibility" to: Fully institutionalize the Party's policies, requirements for innovation of local government apparatus, in accordance with the two-level model; Clearly define responsibilities, no overlap, no omission, ensure normal operation of administrative agencies, no impact on people and businesses; Strengthen the effectiveness of state management in the field of science and technology, through clearly establishing the roles and authorities of commune and provincial authorities.
The main content of the Decree clearly states that the People's Committees at the commune level are authorized to perform 5 groups of tasks in the fields of state management, including: Measurement; quality of products and goods; information technology; providing information on the network environment. Accordingly, the Provincial People's Committee is responsible for guiding, inspecting and supervising the People's Committees at the commune level and organizations and individuals participating in the management of investment and use of state budget capital at the district level previously. Specifically:
First, state inspection of measurement. According to Article 4 of the Decree, the People's Committees of communes, wards, and special zones (collectively referred to as commune level) have the authority to conduct state inspection of measurement within the locality.
The inspection contents include: Measurements, measuring instruments and quantity of pre-packaged goods in circulation on the market. The regulations are implemented in accordance with the instructions in the Law on Measurement (Clause 3, Article 46) and Decree No. 86/2012/ND-CP of the Government (Clause 4, Article 13).
The order and procedures for state inspection of measurement are also specified in the Appendix attached to this Decree to ensure transparency and consistency in law enforcement at the grassroots level.
Second, product and goods quality management. Article 5 stipulates that the People's Committee at the commune level shall carry out state management of product and goods quality in the area under its management. Implementation shall comply with the provisions of Clause 3, Article 33 of Decree No. 132/2008/ND-CP, ensuring quality supervision and consumer safety right from the grassroots level.
The People's Committee at the commune level performs state management of product and goods quality in the area. (Illustration photo).
Third, responsibility for information technology. Article 6 of the Decree clearly defines the authority of the provincial People's Committee and the commune People's Committee. Accordingly, the provincial People's Committee is responsible for guiding the commune People's Committee as well as organizations and individuals in managing investment in information technology applications using state budget capital within the scope of management as prescribed in Point a, Clause 2, Article 61 of Decree No. 73/2019/ND-CP on regulations on management of investment in information technology applications using state budget capital.
The People's Committee at the commune level is responsible for managing investment in information technology application within its authority, according to points b and c, Clause 2, Article 61 of Decree No. 73/2019/ND-CP.
Fourthly, regarding the provision of information on the network environment, the Decree demonstrates the proactive role of the commune level. In Article 7, the Decree emphasizes the responsibility of the People's Committee at the commune level in publicizing and providing information on the network environment, including:
Information on strategies, plans, and socio -economic development planning; Basic data such as administrative organization, boundary maps, natural conditions, history, cultural traditions, relics, scenic spots, brief biographies and duties of local leaders according to Decree No. 42/2022/ND-CP, to modernize management and enhance publicity and transparency in administrative activities.
Premises for promoting the development of science and technology, innovation and digital transformation in localities
The Decree takes effect from July 1, 2025 to March 1, 2027, unless otherwise issued to replace or extend it. This timing is consistent with the progress of the implementation of the arrangement of administrative units, while ensuring sufficient time for testing and adjustment during the application process.
The process of drafting the Decree was carried out by the Ministry of Science and Technology in a public and transparent manner. The Ministry established a Drafting Team and organized consultations with 63 People's Committees of provinces and centrally-run cities. It coordinated with the Ministry of Justice to appraise the draft Decree and receive comments from relevant agencies to complete the draft Decree for submission to the Government. This process was carried out according to a simplified procedure to meet the urgency of delimiting authority in the context of reorganizing local governments.
The Decree will help localities operate more effectively in the two-tier government model, ensuring no disruption in state management, especially in key areas of the Ministry of Science and Technology such as measurement, product quality, information technology and provision of public services on digital platforms.
In the context of enhancing the effectiveness and efficiency of state management at the local level, especially in the field of science and technology, the clear division of authority between the provincial and communal People's Committees in the field of state management of the Ministry of Science and Technology aims to enhance management effectiveness, promote the application of information technology, ensure the quality of goods and measurement activities at the grassroots level. Thereby, the two-level local government will operate more effectively, more closely to reality, contributing to the implementation of the goal of administrative reform and sustainable development of the country.
The issuance of the Decree is not only an appropriate step in the institutional reform process, but also an important premise to promote the development of science, technology, innovation and digital transformation locally in the coming time.
Source: https://mst.gov.vn/phan-dinh-tham-quyen-linh-vuc-khcn-buoc-tien-trong-cai-cach-the-che-197250612203934518.htm
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