Maintain the operation of the People's Council at the commune level

BTO-This morning, February 13, participating in the discussion session at the Draft Law on Organization of Local Government (amended) and the Draft Resolution of the National Assembly regulating the handling of a number of issues related to the arrangement of the state apparatus, Head of the National Assembly Delegation of Binh Thuan province Dang Hong Sy basically agreed with the contents of the draft law, and at the same time proposed a number of contents to complete the draft law and resolution.

Head of the National Assembly Delegation of Binh Thuan province Dang Hong Sy spoke at the group discussion session this morning, February 13.

Commenting on the Draft Law on Organization of Local Government (amended), regarding some opinions suggesting recalculating the maintenance of People's Councils at the commune level, delegate Dang Hong Sy said that for the time being, it should remain as it is. According to the delegate, this issue is directly related to the Constitution, if there is a need to change it, it needs to be amended because the Constitution has very clear provisions. Therefore, this is a content that needs long-term research, instead of adjusting it immediately at the present stage. For the time being, to serve the arrangement of the apparatus, the delegate suggested focusing on the contents mentioned in the draft, other issues will continue to be researched, considered in depth and calculated later.

In addition, regarding the dismissal of positions elected by the People's Council in Article 34 of the draft law, the delegate agreed with the previous opinion that when officials transfer their work out of the administrative unit or retire, they should be dismissed automatically without having to go through the current dismissal voting process. However, to ensure continuity in management, the delegate emphasized that it is necessary to add regulations to ensure that when the Chairman of the People's Committee retires or is transferred to another job, the competent authority must simultaneously assign personnel to take on executive authority, avoiding creating gaps in administrative management.

Therefore, the delegate proposed to add to Article 34 of the Law on Organization of Local Government (amended) a provision for positions elected by the People's Council, especially the position of Chairman of the People's Committee, when the official holding this position retires or transfers out of the administrative unit, he/she will naturally cease to hold the position without having to go through the dismissal procedure at the People's Council.

Head of the National Assembly Delegation of Binh Thuan province Dang Hong Sy commented on the draft Resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the state apparatus.

Commenting on the draft Resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the state apparatus, delegate Dang Hong Sy highly appreciated the initiative of the Government and the National Assembly in issuing the resolution to ensure that the process of reorganization of the apparatus takes place smoothly, without interrupting the operation. According to the delegate, if there are no specific transitional regulations, the reorganization of the apparatus will face many interruptions, especially in areas such as administrative procedures, contract signing, district-level litigation activities, or handling of cases under investigation.

However, the delegate proposed to clarify the transitional content in Clause 1, Article 13, which stipulates: "The Government, the Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme People's Procuracy shall consider issuing documents to resolve or authorize the issuance of documents to resolve issues arising when reorganizing the state apparatus under the authority of the National Assembly. Report quarterly to the National Assembly Standing Committee and report to the National Assembly at the nearest session." Through research, it is shown that this content does not clearly stipulate whether the arising issues are issues mentioned in the draft resolution, or newly arising issues that are not yet included in the resolution? Therefore, the delegate proposed to add the phrase "not mentioned in this resolution" after the paragraph "issues arising when reorganizing the state apparatus...". For clarity and easier understanding, Clause 1, Article 13 will be rewritten as follows: “The Government, the Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme People's Procuracy shall consider, issue documents, resolve or authorize the issuance of documents, and resolve issues arising in the reorganization of the state apparatus not mentioned in this resolution under the authority of the National Assembly, periodically report to the National Assembly Standing Committee every quarter and report to the National Assembly at the nearest session.

In addition, the delegates suggested that it is necessary to assign appropriate handling authority. If every issue has to be reported to the Government, it will be too much, because the amount of work is too much. It is necessary to assign the Government to have clear instructions: Issues under the authority of the Provincial People's Committee should be assigned to the Provincial People's Committee to resolve, issues under the authority of the Government should be handled by the Government.

Delegate Dang Hong Sy emphasized that the reorganization of the apparatus needs to be done quickly and promptly to avoid congestion due to complicated procedures. Adding clear decentralization regulations will help ensure that work is operated smoothly, without interrupting the operations of administrative agencies. On that basis, the delegate proposed to edit some contents to perfect the resolution, ensuring feasibility during the implementation process.

Source: https://baobinhthuan.com.vn/truong-doan-dai-bieu-quoc-hoi-tinh-binh-thuan-dang-hong-sy-giu-nguyen-hoat-dong-cua-hoi-dong-nhan-dan-cap-xa-127889.html