ensure the principle of "clear people, clear work"

Kinhtedothi - The draft Law on Organization of Local Government (amended) has clearly stipulated that decentralization must be by law. The agency receiving decentralization is fully responsible for the results of performing the decentralized tasks...

At the meeting on the afternoon of February 12, the National Assembly listened to Minister of Home Affairs Pham Thi Thanh Tra present the Report on the Draft Law on Organization of Local Government (amended), in which she stated that the Draft Law consists of 7 chapters and 50 articles (93 articles less than the current Law), and in particular, it stipulates a separate chapter on the division of authority, decentralization, delegation of authority between local authorities at all levels. This is the basis for specialized laws to ensure consistency when stipulating the tasks and powers of local authorities and local State agencies in specific sectors and fields.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting - Photo: Media.quochoi.vn

The Draft Law clearly stipulates that decentralization must be by law. The superior State agencies, within the scope of their tasks and powers, are responsible for supervising and checking the constitutionality and legality in the implementation of tasks and powers delegated to local authorities at all levels.

Local authorities are autonomous and self-responsible for the performance of assigned tasks and powers; and are also entitled to decentralize and delegate assigned tasks and powers, except in cases where the law stipulates that decentralization and delegation are not allowed.

Regarding decentralization, the Draft Law expands and clearly defines the subjects being decentralized and the subjects receiving the decentralization; clearly defines the responsibilities of the decentralizing agency in ensuring the conditions for implementing decentralization. In particular, the agency receiving the decentralization is fully responsible for the results of performing the decentralized tasks if the decentralizing agency has ensured the conditions as prescribed.

This regulation aims to create a legal basis for agencies within their authority to review and promote the implementation of decentralization of authority with conditions to ensure implementation.

Minister of Home Affairs Pham Thi Thanh Tra presents a report - Photo: Media.quochoi.vn

The Draft Law also expands and clearly defines the authorized subjects and the authorized subjects. Accordingly, it clearly defines the requirements of authorization (authorization must be in the form of an administrative document of the authorizing agency), and stipulates a number of tasks that cannot be authorized...

Regarding the tasks and powers of local authorities at all levels, implementing the principle of "clear people, clear work, clear responsibilities" and avoiding overlapping regulations and duplication of tasks and powers between local authorities and between local government agencies, the Draft Law specifically stipulates the tasks and powers of the People's Council and People's Committee in each administrative unit in the direction of: defining tasks and powers between the People's Council and People's Committee; defining tasks and powers of the People's Committee collective and the individual Chairman of the People's Committee where the local authority is organized in the direction of increasing tasks, powers and responsibilities for the individual Chairman of the People's Committee.

Along with that, the Draft Law is revised in the direction of maintaining the local government organization model as in the current Law. In all administrative units at all levels, the local government organization includes the People's Council and the People's Committee, except in specific cases where the National Assembly stipulates that it is not a local government level. This provision is to ensure the continued implementation of the urban government organization in a number of centrally-run cities according to the Law on the Capital and the Resolutions of the National Assembly.

National Assembly delegates attend the meeting on the afternoon of February 12 - Photo: Media.quochoi.vn

Presenting the report on examining the Draft Law, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that the Law Committee basically agrees with the Government 's proposal to continue maintaining the local government organization model as prescribed in the current Law and laws and resolutions on urban government organization.

Along with that, the Law Committee agrees with continuing to perfect regulations on decentralization and delegation of authority to local authorities (Chapter III) to concretize the policy of promoting decentralization and delegation of authority, promoting the proactiveness, creativity and self-responsibility of local authorities at all levels in the spirit of "locality decides, locality acts, locality is responsible".

Regarding the duties and powers of local authorities (Chapter IV), Chairman Hoang Thanh Tung said that the Law Committee agreed with the expression of duties and powers of People's Councils and People's Committees at all levels as in the current Law; at the same time, it proposed to continue reviewing and adjusting the regulations on duties and powers of local authorities at all levels in the Draft Law to ensure feasibility, consistency with the legal system and stability and longevity of the Law.

Source: https://kinhtedothi.vn/luat-to-chuc-chinh-quyen-dia-phuong-sua-doi-bao-dam-nguyen-tac-ro-nguoi-ro-viec.html