The Government's report presented by Minister of Justice Le Thanh Long shows that the promulgation of the Capital Law (amended) is necessary to institutionalize the Party's policies and guidelines on building, developing, managing, and protecting the Capital, building and developing a "Cultured - Civilized - Modern" Capital and overcoming the shortcomings and limitations identified over more than 9 years of implementing the 2012 Capital Law.
The draft Law consists of 7 chapters and 59 articles (an increase of 3 chapters and 32 articles compared to the 2012 Capital Law, of which 3 articles are kept the same; 18 articles are amended and supplemented; and 38 articles are newly stipulated).
Regarding the capital city government, the draft Law clearly states the organizational model, which is to implement the model of not organizing ward People's Councils in Hanoi according to Resolution No. 97 and adding cities under Hanoi city. Increase the number of People's Council delegates (from 95 to 125 delegates), the proportion of full-time delegates (from 20% to 25%), the number of Vice Chairmen of the People's Council (from 2 to a maximum of 3); expand the composition of the Standing Committee of the People's Council compared to the Law on Organization of Local Government to improve the capacity and increase the professionalism of the People's Council.
Minister of Justice Le Thanh Long presented the Summary Report on the Draft Law on the Capital City (amended).
Regarding the organization, apparatus, cadres and civil servants of the Capital, the draft Law stipulates a number of specific contents. Accordingly, the City People's Council establishes, reorganizes and dissolves specialized agencies and specific administrative organizations under the People's Committee of Hanoi City, districts and towns. Hanoi is allowed to increase its staff in accordance with actual needs.
Assign the Standing Committee of the Hanoi People's Council some powers such as deciding on measures to resolve urgent and unexpected work; deciding on adjusting investment policies for public investment projects of groups B and C; deciding on supporting central agencies to perform tasks in the area; supporting other localities when necessary.
The People's Council and People's Committee of Hanoi city are authorized to decide on the establishment, reorganization, and dissolution of a number of specialized agencies, administrative organizations, and specific public service units; and organize the recruitment of civil servants for agencies and organizations of the city.
Overview of the meeting.
According to the review report of the Law Committee, the Committee and the agencies participating in the review all agreed with the necessity of promulgation, purpose, viewpoints on construction and scope of amendments to the Capital Law. The draft dossier of the Capital Law (amended) was carefully, seriously and fully prepared by the Government in accordance with the provisions of the Law on Promulgation of Legal Documents.
The Law on the Capital is a particularly important law with profound political and social significance. The Law Committee recommends that the amendment of the Law must closely follow the political, legal and practical bases for the construction, protection and development of the Capital in order to promptly institutionalize the policies, requirements and tasks set out in the resolutions of the Central Committee and the Politburo, especially Resolution No. 15-NQ/TW of the Politburo on the direction and tasks of developing the Capital Hanoi to 2030, with a vision to 2045, and to solve practical problems arising in the construction, protection and development of the Capital.
The draft Law on the Capital (amended) needs to have specific and special mechanisms and policies, demonstrating strong decentralization but also assigning tasks to the Hanoi city government in building, protecting and developing the Capital. The mechanisms and policies designed in the draft Law must be clear and distinct in terms of scope and content of decentralization; the field of decentralization must be comprehensive but focused and key, ensuring feasibility and having a mechanism to control power through specific regulations on the process and procedures for performing tasks and the responsibility for inspection and supervision of agencies. At the same time, it is necessary to supplement specific mechanisms and policies to carry out the tasks of the Capital as the political and administrative center of the country, and at the same time a special urban area.
Delegates at the meeting.
The way of expression in the draft Law on the Capital (amended) needs to ensure specific and clear content, scope, subjects of decentralization and the mechanism of decentralization and delegation of authority linked to the responsibility regime; limit non-normative provisions.
“Do not re-regulate issues that have been regulated in other laws. The contents that have been and are being piloted in Hanoi and other localities, after preliminary and final reviews, are found to be effective, suitable to the socio-economic conditions of the capital, and have high consensus, will be studied and included in the Law; the contents in the draft laws being submitted to the National Assembly for consideration and approval, the Capital Law can also prescribe a higher level of specificity; the contents that are unclear, not really stable, and still have different opinions need to be further studied,” emphasized Chairman of the National Assembly’s Law Committee Hoang Thanh Tung.
Regarding the number of delegates to the Hanoi People's Council, the Law Committee found that it is necessary to strengthen and enhance the capacity of the People's Council, ensuring its ability to undertake additional tasks and powers delegated to Hanoi according to the draft Law and in accordance with the requirements of urban government organization. Many opinions said that instead of proposing to increase the number of delegates to the City People's Council, it is necessary to strive to increase the proportion of full-time delegates to the City People's Council and focus on innovating working methods and approaches, improving the quality and efficiency of the City People's Council's operations.
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