On the morning of February 28, at the press conference announcing the laws passed by the National Assembly during the 9th extraordinary session, Deputy Minister of Home Affairs Vu Chien Thang informed about many notable new points of the Law on Government Organization 2025.
He affirmed that this is the original law of state administration, serving as the basis for the organization and operation of the Government.
The design principle of this Law, according to the Deputy Minister of Home Affairs, is considered a major breakthrough, a historic decision of the National Assembly when for the first time in legislative history, the National Assembly assigned the Government to carry out important, urgent, unprecedented tasks, at a special historical moment of the country.
"This is a bold decision, demonstrating a breakthrough in legislative thinking, demonstrating the Government's spirit of innovation, daring to think and dare to do in proposing the Law and the strong spirit of innovation in the legislative work of the National Assembly," Deputy Minister Vu Chien Thang summarized.
Further analyzing the breakthrough and historical decision in the 2025 Law on Government Organization, Mr. Pham Minh Triet (Deputy Director of the Department of Organization and Personnel, Ministry of Home Affairs) said that the recently revised Law on Government Organization establishes new principles.
That is, the tasks and powers of the Government are not listed in each specific regulation, but there are general regulations, clearly stating the tasks and powers of the Prime Minister as well as the authority and responsibility of ministers, heads of branches, and heads of ministerial-level agencies.
"Such clear regulations are to avoid the recent phenomenon of ministers having many tasks and powers, but ministries and branches keep pushing them onto the Prime Minister, causing the Prime Minister to have a lot of work, limiting the executive activities of the Prime Minister and the Government," Mr. Triet emphasized.
During the research process to amend the law, Mr. Triet said that there were up to 177/257 laws stipulating specific tasks and powers assigned to the Government, Prime Minister, and ministers.
Legislative authority
The Law clearly stipulates the principle that the Government is the agency that exercises executive power and emphasizes the Government's initiative in managing the tasks of the executive agency. However, when the Government and the Prime Minister assign specific tasks and powers to ministries and ministerial-level agencies under their management, they are caught up in regulations in specialized laws.
The problem, according to Mr. Triet, is that when the Government and the Prime Minister want to speed up the process of assigning tasks and tasks to ministries, they are stuck with many regulations in specialized laws. The law is issued by the National Assembly, and if you want to amend the law, you have to wait for the National Assembly to amend it.
Therefore, when drafting the revised Law on Government Organization, the drafting agency proposed that the provisions on the tasks and powers of the Prime Minister, the Government and the ministries were not consistent with the principle of division of authority in the Law on Government Organization. If the laws have not been amended, the Government will be assigned to issue decrees or resolutions to carry out the tasks of the ministries, and these tasks may be different from those of specialized laws.
"This is to ensure the acceleration of socio-economic development. This is the first time the law has given the Government that power. This is called legislative delegation - a very new issue in Vietnam," Mr. Triet emphasized.
The content Mr. Triet mentioned is mentioned in Article 32 - transitional provisions in the Law on Government Organization.
Specifically, Article 32 clearly states that in case the law, resolution of the National Assembly or ordinance, resolution of the National Assembly Standing Committee stipulates the tasks and powers of the Prime Minister, the Government, ministers, and heads of ministerial-level agencies that are not consistent with the provisions of this law, they must be adjusted uniformly within 2 years from the effective date of the Law on Organization of the Government 2025.
During the period when laws, resolutions of the National Assembly or ordinances, resolutions of the National Assembly Standing Committee have not been amended or supplemented within the above-mentioned time limit, in order to ensure the settlement of decentralization and delegation of powers for a number of priority and urgent areas, the Government is assigned to promulgate legal documents regulating a number of tasks, powers and other regulations related to the performance of tasks and powers of the Prime Minister, ministers and heads of ministerial-level agencies currently prescribed in relevant articles, clauses and points for unified application; periodically report to the National Assembly Standing Committee.
In cases related to laws and resolutions of the National Assembly, report to the National Assembly at the nearest session.
The Law on Government Organization consists of 5 chapters and 32 articles, taking effect from March 1.
Source: https://dantri.com.vn/noi-vu/bo-noi-vu-noi-ve-quyet-dinh-lich-su-trong-hoat-dong-to-chuc-chinh-phu-20250228130601872.htm
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