Creating a legal framework to remove institutional "bottlenecks"

Kinhtedothi - During the plenary session, delegates focused their contributions on one of the key contents of the Draft Law on Government Organization (amended), related to regulations on the principles of delineating authority; and on the delegation, decentralization, and authorization of powers.

Continuing the 9th Extraordinary Session of the National Assembly , on the morning of February 14th, the National Assembly discussed the Draft Law on Government Organization (amended). During the plenary session, delegates focused their comments on one of the key contents of the Draft Law concerning the principles of delineating authority; and on the delegation, decentralization, and authorization of powers. Delegates emphasized that this is a new, progressive, and necessary point compared to the provisions of the Law on Government Organization and current legislation.

Representative Tran Van Khai (National Assembly delegation of Ha Nam province) - Photo: Quochoi.vn

However, according to the delegates, it is necessary to review and clarify the content of the concepts; the requirements and mechanisms for implementing decentralization; specific regulations on the subjects of decentralization and delegation, the subjects to which decentralization and delegation are granted, the conditions for decentralization and delegation, and the accountability mechanisms... in order to strengthen the autonomy, initiative, creativity, and self-responsibility of agencies, units, and localities, while enhancing the accountability of the heads of these organizations.

Representative Tran Van Khai (National Assembly delegation of Ha Nam province) proposed that the principle of "conditional decentralization" should be added. Decentralization should only be considered when localities have sufficient financial, human, and administrative capacity; at the same time, an index should be developed to assess the administrative capacity of each locality before decentralization, and central government supervision should be strengthened.

Scene from the morning session on February 14th - Photo: Quochoi.vn

Regarding decentralization, the provincial representative proposed adding a mechanism for "assessing the effectiveness of decentralization," clearly defining which tasks require annual evaluation reports. Decentralization decisions should be subject to periodic oversight by the National Assembly. Simultaneously, the principle of "flexible decentralization" should be applied, with strict control mechanisms in place for localities lacking sufficient capacity, rather than granting them full authority.

Regarding the delegation of authority, the representative from Ha Nam province proposed limiting the scope of delegation and adding accountability. “Decentralization, decentralization, and delegation of authority are inevitable trends, but they require strict control mechanisms. Adding regulations for monitoring and evaluating local capacity and accountability is crucial to avoid duplication…” – Representative Tran Van Khai emphasized.

Commenting on the decentralization of power, National Assembly delegate Tran Quoc Tuan (Tra Vinh province delegation) said that this is a new way of thinking of the Party and State leaders that has been codified into law, and which many localities currently need to unleash resources that are being held back by bottlenecks in mechanisms and policies in order to serve socio -economic development in the coming time.

Representative Tran Quoc Tuan (Tra Vinh Provincial National Assembly Delegation) speaks at the discussion session. Photo: Quochoi.vn

Concerned about the difficulties in effectively implementing these provisions, the representative from Tra Vinh province proposed adding content to Article 18 of the Draft Law on the Responsibilities of Ministers and Heads of ministerial-level agencies as members of the Government , submitting to competent authorities for consideration and decision on decentralization to localities when they have the necessary conditions and capabilities; at the same time, regulations on strict supervision of this content must be added to ensure that decentralization is truly effective, bottlenecks are removed, and resources are best unleashed to serve the socio-economic development of the country.

During the discussion, some delegates suggested that the Government should urgently direct central ministries and agencies to promptly issue legal documents to guide the implementation of the laws passed at this session. In particular, a Decree on "Decentralization and Delegation of Power" should be issued in a clear, transparent, and rigorous manner to facilitate smooth and effective implementation by both the decentralizing and delegating entities.

Minister of Home Affairs Pham Thi Thanh Tra speaks at the discussion session - Photo: Quochoi.vn

On behalf of the Drafting Committee, Minister of Home Affairs Pham Thi Thanh Tra delivered a speech acknowledging, explaining, and clarifying some issues raised by National Assembly deputies regarding the principles of delineating authority; decentralization, delegation of power, and authorization; and the duties, powers, and responsibilities of the Government, the Prime Minister, Ministers, and heads of ministerial-level agencies...

The Minister stated that he would study and fully address the contributions of the National Assembly deputies, emphasizing the focus on perfecting the principles of decentralization, delegation of power, and authorization in accordance with the Constitution and the Party's policies to create proactiveness, creativity, and promote the spirit of autonomy, self-responsibility, and dynamism of state administrative agencies - especially local governments; creating a legal framework to address practical issues, remove institutional "bottlenecks," and unlock resources...

Source: https://kinhtedothi.vn/tao-hanh-lang-phap-ly-de-thao-go-cac-diem-nghen-ve-the-che.html