On the morning of April 28, continuing the 44th session, the National Assembly Standing Committee gave opinions on the draft Law on Organization of Local Government (amended).
Presenting the report, Minister of Home Affairs Pham Thi Thanh Tra said that the draft Law amends and supplements regulations on the demarcation of administrative units and the organization of local governments at two levels: Provincial level includes provinces and cities; communal level includes communes, wards and special zones (on islands); for special economic administrative units, it remains the same as current regulations established by the National Assembly.
"Local authorities at provincial and communal levels both organize People's Councils and People's Committees to ensure a unified government apparatus that operates smoothly from the central to communal levels," said the Minister.
The Law also amends the provisions on promoting decentralization, delegation, authorization and tasks and powers of local governments at provincial and communal levels. Amends and supplements the provisions on the organization of local governments. Specifically, for provincial-level local governments: Basically keep the same as current regulations, only increase the number of provincial-level People's Council delegates to match the merger of provincial-level administrative units.
For local authorities at the commune level: Regulations on the organizational structure of the People's Council and People's Committee at the commune level (commune, ward, special zone): The People's Council at the commune level has 2 committees: the Legal Committee and the Economic - Social Committee; The People's Committee at the commune level is allowed to organize specialized agencies, other administrative organizations or arrange specialized civil servant positions to advise and assist the People's Committee at the commune level in managing sectors and fields in the area in accordance with the scale of the (new) commune-level administrative unit according to Government regulations.
The Minister of Home Affairs proposed that the Law take effect from July 1, 2025; at the same time, it stipulates contents to resolve issues arising from the conversion of the government organization model from 3 levels to 2 levels (eliminating the district level) and the organization of urban government.
Accordingly, amend, supplement and abolish laws and resolutions of the National Assembly related to the organization of urban government; transitional regulations on the organization of local government at wards in Hanoi, Ho Chi Minh City and Da Nang City in the 2021-2026 term; stipulate 8 transitional contents to ensure unified, continuous and uninterrupted operation of new agencies, organizations and units when converting the 3-level local government organization model into 2-level according to the provisions of this Law.
In the review report, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung proposed that the National Assembly Standing Committee allow the National Assembly to submit the draft Law to the National Assembly for comments and approval at the ninth session according to the process at one session and according to the shortened order and procedures. At the same time, the Government is requested to clarify and propose solutions to the issues raised by the review agency; proactively report and request instructions from competent authorities on regulations related to the vote of confidence at the People's Councils at the commune level in the draft Law before submitting it to the National Assembly for consideration and approval.
Speaking at the discussion, Vice Chairman of the National Assembly Nguyen Khac Dinh commented on the issue of decentralization at the commune level and said that it should be revised in an open direction, allowing only some communes to be decentralized.
Agreeing with this opinion, Vice Chairman of the National Assembly Tran Quang Phuong also said that it should be amended in the direction that the commune level can decentralize to the departments and offices below to create initiative. "During the implementation process, if the departments and offices below do not perform well, the commune level can revoke the decentralization," said the Vice Chairman of the National Assembly.
Explaining, Minister of Home Affairs Pham Thi Thanh Tra said that the drafting agency's viewpoint is that the commune level is the level that directly manages, serves, and solves the problems of the people and businesses. "Almost from the leaders to the civil servants of the commune-level government must implement, not decentralize," said the Minister of Home Affairs.
Regarding the organization of specialized agencies of commune-level authorities, the Minister said that according to the initial thinking when developing the project, the drafting agency always planned to arrange specialized agencies according to job positions and adjusted the increase from 17 positions to 23 positions.
“This will help reduce the number of leaders. If we add specialized departments, the number of leaders will account for 1/3,” said the Minister of Home Affairs, adding that to suit reality, the drafting agency will apply it flexibly, which is to assign localities based on their development scale and specific population to arrange equivalent specialized agencies, or according to job positions.
The Minister also said that if the organizational structure is designed in the direction of organization, it is mandatory that leadership positions must be held concurrently, such as Secretary and Chairman of the People's Council; Deputy Secretary and Chairman of the local Front Committee at the commune level... to reduce leadership positions and it is not necessary to organize deputy positions of specialized agencies.
In conclusion, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the National Assembly Standing Committee affirmed that the draft Law was qualified to be submitted to the ninth session; at the same time, it requested the drafting agency to study and complete the draft Law, ensuring consistency with the Constitution and current draft laws being amended.
Source: https://hanoimoi.vn/se-co-quy-dinh-chuyen-tiep-ve-to-chuc-chinh-quyen-phuong-cua-ha-noi-700619.html
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