Expanding the subject, object of hierarchy and authorization
On September 15, at the National Assembly House, the Standing Committee of the National Assembly's Law Committee held an extended session to conduct a preliminary review of the draft Law on the Capital (amended).
Presenting the draft Law on the Capital (amended), Deputy Minister of Justice Tran Tien Dung said that the promulgation of the Law on the Capital (amended) is very necessary to overcome existing shortcomings and limitations; create a legal basis for implementing outstanding special mechanisms and policies, mobilizing all resources, effectively exploiting the potential and strengths of the Capital... The draft Law consists of 07 chapters, 59 articles (an increase of 3 chapters, 32 articles compared to the 2012 Law on the Capital).
The draft law stipulates the capital's government in the direction of expanding the subjects and objects of decentralization and authorization; having a mechanism to attract and promote talents, develop high-quality human resources and salary and income regimes for cadres, civil servants and public employees of the capital; implementing the model of organizing the Hanoi city government according to Resolution No. 97/2019/QH14 (not organizing ward People's Councils) and adding the city government level under Hanoi city.
Strengthen the organizational structure of the Hanoi People's Council on the basis of inheriting and supplementing the provisions of Resolution No. 160, accordingly: Increase the number of People's Council delegates, increase the proportion of full-time People's Council delegates. Increase the number of Vice Chairmen of the People's Council, expand the composition of the Standing Committee of the People's Council.
Delegates attending the meeting.
Regulations on the organizational structure of the People's Council and People's Committee of Hanoi city with outstanding characteristics compared to the organizational structure of the People's Council and People's Committee of districts, towns according to the Law on Organization of Local Government such as increasing the number of Vice Chairmen of the People's Council, Vice Chairmen of the People's Committee, full-time People's Council delegates, and adding the Urban Committee.
The draft Law decentralizes some powers from the Government and the Prime Minister to the Hanoi People's Committee, and at the same time expands the subjects and objects of decentralization and authorization compared to the Law on Organization of Local Government. Decentralization to the Hanoi People's Committee regulates some tasks and powers of specialized agencies and other administrative organizations under the People's Committees of districts, towns and cities; regulates the organization, functions, tasks and powers of specialized agencies and special administrative organizations under the Hanoi People's Committee, People's Committees of districts, towns and cities; decides to establish, reorganize and dissolve public service units under their management.
On the total number of staff, civil servants and public employees assigned by competent authorities, Hanoi city is allowed to increase the number of staff from the reserve staff based on the framework of job position lists, population size, current workload status, level of modernization of equipment and working means, security, political and social safety characteristics in the area and the ability to balance the budget of Hanoi city.
Regarding construction, development, management and protection of the Capital, the draft Law stipulates the planning of construction and development of the Capital; measures to ensure the implementation of planning; management of space, architecture, landscape and urban construction; urban renovation, embellishment and reconstruction; cultural and sports development; education and training development; healthcare; social security;
Developing science and technology, innovation, digital transformation; developing high-tech zones; developing agriculture and rural areas; protecting the environment; managing and using land; developing housing; developing technical infrastructure, traffic infrastructure; measures to protect the capital, ensuring order and social security in the capital...
Regarding financial and budgetary policies and resource mobilization for investment in the development of the Capital, the draft Law has provisions on targeted supplementary central budget and rewards for the Capital; applying a number of fees and charges not yet included in the List as prescribed by the Law on Fees and Charges. Allowing the Hanoi People's Council to decide on the use of the City budget to invest in socio-economic development and support local development.
To attract social investment, the draft Law stipulates a number of specific mechanisms and policies different from current laws. Implement urban development investment projects in the direction of public transport (TOD). Regulate a number of principled issues on the application of controlled testing mechanisms.
Decentralization must be clear, focused, and key.
During the discussion at the meeting, delegates all agreed on the necessity of promulgating the Law on the Capital (amended). Delegates said that specific mechanisms and policies for the Capital may be different from current laws on the same content and field, but must be within the framework of the 2013 Constitution and must be consistent with the Party's guidelines and policies, and consistent with international treaties to which Vietnam is a member.
Emphasizing that the nature of the Capital Law is a law on decentralization, delegates said that the provisions in the draft Law need to be built in the direction of strong decentralization, enhancing the autonomy and self-responsibility of the Capital government.
Chairman of the Law Committee Hoang Thanh Tung delivered a concluding speech at the meeting.
In particular, the scope and areas of decentralization must be clear, focused, and consistent with the implementation capacity of the Capital City government. Decentralization to the Capital City needs to focus mainly on the City-level government, but there must be a mechanism to create maximum convenience for the City-level government in decentralizing and authorizing to lower levels.
Along with decentralization of power to the government in the Capital, the Law needs to design regulations on conditions, measures to ensure implementation and mechanisms to control power.
Concluding the meeting, acknowledging the opinions of the delegates, Chairman of the Law Committee Hoang Thanh Tung requested research agencies to continue reviewing the contents of the draft Law to ensure that the principles and viewpoints closely follow the Party's policies and guidelines, ensuring compliance with the Constitutional framework. New issues that have not been regulated or have regulations different from the prescribed policies must be reported to competent authorities.
Mr. Tung also noted that policies must be focused and not scattered, ensuring implementation in practice. Inheriting specific mechanisms and policies of the current Law through practical testing has shown to be appropriate and effective.
At the same time, continue to review and research to include in the Law a number of specific mechanisms and policies that are currently being piloted in a number of localities according to the Resolution of the National Assembly. However, their impact also needs to be carefully assessed because once the mechanisms are included in the Law, they must ensure stability and long-term implementation .
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