Amending regulations related to the organization of two-level local government

Minister of Home Affairs Pham Thi Thanh Tra presented the Draft Law on Organization of Local Government (amended). Photo: media.quochoi.vn

Presenting the Report, Minister of Home Affairs Pham Thi Thanh Tra said that the draft Law consists of 7 chapters and 54 articles, basically inheriting the organizational principles and principles of delimitation of authority of the current Law; amending and supplementing regulations to implement the 2-level local government model.

Draft amendments to regulations related to the division of administrative units and organization of local government at 2 levels: Provincial level includes provinces and cities; communal level includes communes, wards and special zones (on islands); for special economic-administrative units, keep the current regulations established by decision of the National Assembly .

Local governments 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.

The draft also amends regulations on promoting decentralization, delegation, authorization, and tasks and powers of local authorities at provincial and commune levels.

Provincial local government: In addition to the tasks and powers of provincial local government according to current regulations, the draft Law supplements a number of provisions to promote decentralization from the Central Government, especially in promulgating mechanisms, policies, planning, finance, budget, investment, etc. of localities.

Commune-level local authorities perform the tasks and powers of current district-level and commune-level local authorities; and are authorized to issue legal documents to decide on issues within the authority, scope, and management tasks of the (new) commune-level local authorities.

Also according to the draft, provincial-level local authorities are responsible for promoting decentralization and delegation of authority to commune-level local authorities, especially in decentralization and delegation of authority to ward-level local authorities in the field of urban management and development; promoting decentralization and delegation of authority to local authorities in special zones to grant autonomy in deciding on issues to ensure independence, sovereignty , and national territorial integrity in seas and islands.

Amend and supplement regulations on local government organization, in which, for provincial-level local governments, basically keep the same as current regulations, only increase the number of provincial-level People's Council delegates in accordance with 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 the Government's regulations.

Regarding the effective date and resolution of issues arising from the conversion of the local government model from 3 levels to 2 levels: The Law takes effect from July 1, 2025; transitional regulations on the organization of local governments at wards in Hanoi, Ho Chi Minh City, and Da Nang City during the 2021-2026 term and amending, supplementing, and abolishing laws and resolutions of the National Assembly related to the organization of urban governments...

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung presents the Verification Report. Photo: media.quochoi.vn

Presenting the Inspection Report, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung said that it is necessary to study and stipulate more specifically the cases where the People's Committee and the Chairman of the People's Committee at the provincial level directly direct and manage the settlement of issues within the tasks and powers of the People's Committee and the Chairman of the People's Committee at the commune level to strengthen the responsibility of provincial-level local authorities in ensuring the implementation of the tasks and powers of commune-level local authorities.

There is a more flexible mechanism for assigning and delegating tasks so that the People's Committee at the commune level can assign specialized agencies, other administrative organizations, and even civil servants under the People's Committee at their level to perform certain tasks and powers in accordance with the requirements and actual conditions of the locality, especially for the commune-level administrative units after the arrangement with large natural areas and population sizes to ensure timely handling of records and work of people and businesses in the area.

Continue to consider and revise a number of regulations on the organization and operation of local governments such as: Number and areas of responsibility of the Committees of the People's Council at the commune level; number of delegates of the People's Council at the provincial and commune levels; tasks and powers of the Standing Committee of the People's Council to decide on the budget expenditure regime to carry out a number of specific tasks in the area or carry out urgent tasks under the direction of competent authorities; the organization of specialized agencies and other administrative organizations under the People's Committee at the commune level must ensure compliance with local requirements and practices and the policy of streamlining and streamlining the apparatus.

Source: https://hanoimoi.vn/sua-doi-cac-quy-dinh-lien-quan-viec-to-chuc-chinh-quyen-dia-phuong-2-cap-701451.html