Submit to the National Assembly to amend the law to implement the 2-level local government model

Continuing the 9th Session of the 15th National Assembly , on the morning of May 7, the National Assembly listened to the Presentation and Report on the review of the draft Law on Organization of Local Government (amended).

Provincial and communal levels both organize People's Councils and People's Committees.

The report presented by Minister of Home Affairs Pham Thi Thanh Tra stated 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, focusing on 4 groups of issues.

Minister of Home Affairs Pham Thi Thanh Tra. (Photo: BUI GIANG)

Firstly, amend the 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 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.

Second, amend the regulations on promoting decentralization, delegation, authorization, and tasks and powers of provincial and commune-level local governments. For provincial-level local governments, in addition to the tasks and powers according to current regulations, the draft Law supplements a number of regulations to promote decentralization from the Central Government to provincial-level local governments, especially in the issuance of mechanisms, policies, and the fields of planning, finance, budget, investment, etc. of localities.

Meanwhile, the commune-level local government performs the tasks and powers of the current district-level and commune-level local government; and issues legal documents to decide on issues within the authority, scope, and management tasks of the (new) commune-level local government.

The draft also stipulates that provincial-level local authorities are responsible for promoting decentralization and delegation of authority to commune-level local authorities, especially promoting 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 special-zone local authorities to grant autonomy in deciding on issues to ensure independence, sovereignty , and national territorial integrity in sea and island areas.

Regarding amendments and supplements to regulations on local government organization, according to the draft Law, provincial-level local governments basically maintain the current regulations, only increasing the number of provincial-level People's Council delegates in accordance with the merger of provincial-level administrative units.

View of the meeting in the hall on the morning of May 7. (Photo: BUI GIANG)

For local authorities at the commune level, regulations on the organizational structure of the People's Council and the People's Committee at the commune level (commune, ward, special zone). Specifically, 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.

In addition, the draft Law stipulates that the Law takes effect from July 1, 2025; provides 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 amends, supplements, and abolishes Laws and Resolutions of the National Assembly related to the organization of urban governments; stipulates contents to resolve arising issues and transitional contents to ensure continuous and normal operation of new agencies, organizations, and units when converting the model of local government organization from 3 levels to 2 levels as prescribed in this Law.

Clarifying the tasks and powers of local authorities at provincial and commune levels in each field

Presenting his review opinion, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung emphasized that the Committee agrees with the fundamental and comprehensive amendment of the current Law on Organization of Local Government for the reasons stated in the Government's Submission, and at the same time agrees with the drafting of the Law according to simplified procedures.

Regarding some specific contents, the Committee on Law and Justice requested the drafting agency to study and specify more clearly 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 the provincial local government in ensuring the implementation of the tasks and powers of the commune local government.

In addition, 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 size to ensure timely handling of records and work of people and businesses in the area.

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung. (Photo: BUI GIANG)

In addition, it is necessary to continue reviewing and adjusting regulations on specific tasks and powers of People's Councils, People's Committees, and Chairmen of People's Committees at all levels to more clearly demonstrate the policy of promoting decentralization and delegation of powers, ensuring reasonable division of tasks and powers of local authorities at provincial and communal levels.

On that basis, consider, amend and supplement other relevant laws and sub-law documents, continue to clarify the specific tasks and powers of local authorities at provincial and communal levels in each specialized field, especially the laws expected to be submitted to the National Assembly for consideration, promulgation or amendment and supplementation in the 9th Session.

The inspection agency also proposed to continue considering and adjusting a number of regulations on the organization and operation of local governments such as: the number and areas of responsibility of the committees of the People's Council at the commune level; the number of delegates of the People's Council at the provincial and commune levels; the 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 locality 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 to ensure compliance with local requirements and practices and the policy of streamlining and streamlining the apparatus.../.

According to nhandan.vn

Source: https://baobackan.vn/trinh-quoc-hoi-sua-luat-de-thuc-hien-mo-hinh-chinh-quyen-dia-phuong-2-cap-post70635.html