Leaders of the Ministry of Justice chaired a meeting on decentralization and delegation of power. Photo: Ministry of Justice
The Ministry of Justice informed that in the process of amending the Constitution to implement the two-level local government model, the Ministry of Justice was assigned by the Government to guide ministries and ministerial- level agencies in drafting decrees on decentralization, delegation of power, and division of authority associated with the implementation of the two-level local government organization model; organizing appraisals to ensure consistency and synchronization in the legal system and in accordance with the principles of division of authority, decentralization, and division of authority in the Law on Organization of the Government and the Law on Organization of Local Government in 2025.
To ensure the performance of assigned tasks, the Ministry of Justice has provided guidance on the development of a Decree on decentralization and assignment of authority in each sector and field assigned for management.
Accordingly, the contents of decentralization and delegation of power in the draft Decree must ensure consistency with the laws and resolutions expected to be submitted to the National Assembly for approval at the 9th session. At the same time, review to reduce and simplify administrative procedures (TTHC), dossier components, especially the contents that must be reported and consulted with the Government, Prime Minister, ministries, and ministerial-level agencies on specific projects and tasks that have been decentralized and delegated...
In particular, the Ministry of Justice is very determined and promptly organizes appraisal meetings to ensure consistency and synchronization in the legal system.
On the side of the Ministry of Justice, the Ministry has also developed decrees regulating decentralization, delegation, and determination of state management authority in the judicial field when organizing two-level local governments.
In particular, regarding the Decree on the division of authority, in addition to the chapter on general provisions, the Decree has chapters regulating the division of authority when organizing two-level local governments in the fields of civil status; adoption; notarization; authentication; dissemination and education of law; grassroots mediation; legal aid; bailiffs; and state compensation (a total of 34 tasks are transferred from the district level to the commune level or to the provincial level).
At the same time, separate the contents on the order of handling administrative procedures when assigning authority into attached appendices; combine simplification of administrative procedures (reduce processing time, cut down on dossier components; connect to perform some administrative procedures...); supplement regulations on fees and charges when performing administrative procedures with assigned authority.
Regarding the Decree on decentralization and delegation, the Department of Legal Document Drafting and units continue to review and propose maximum and reasonable decentralization and delegation in the fields of lawyers (issuing, revoking, and re-issuing practice certificates for domestic lawyers), notary (appointing, dismissing, and re-appointing notaries); supplementing regulations on fees and charges when performing administrative procedures with assigned authority.
The number of tasks decentralized to localities in this Decree is 49 tasks (1 task from the Government, 1 task from the Prime Minister, 47 tasks from the Ministry of Justice).
Regarding administrative procedures, the Ministry of Justice is directly handling 64 administrative procedures. Through review, there are 9 administrative procedures that do not need to be decentralized. The Ministry plans to decentralize 39/55 administrative procedures, reaching a rate of approximately 71%.
Bich Phuong
Source: https://baochinhphu.vn/quyet-liet-xay-dung-cac-nghi-dinh-phan-cap-phan-quyen-trong-linh-vuc-tu-phap-102250602092506232.htm
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