There is a mechanism to review responsibility for cases of issuing illegal documents.

On the morning of February 15, at the National Assembly House, continuing the 9th Extraordinary Session of the 15th National Assembly, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly discussed in the hall the draft Law on Organization of Local Government (amended).

Participating in giving opinions on decentralization to local governments (Article 14), National Assembly Delegate Cam Thi Man (Thanh Hoa Province Delegation of National Assembly Deputies) agreed to continue perfecting regulations on decentralization to local governments in order to concretize the policy of promoting decentralization, delegation of power, promoting the initiative, creativity, and self-responsibility of local governments at all levels in the spirit of "locality decides, locality does, locality takes responsibility". However, the delegate said that the decentralization principle needs to be very clear to avoid overlapping of tasks and powers between agencies in the organization of government apparatus at all levels, specifically:

Firstly, it is recommended to review the content of this Article to ensure consistency with the name of the Article because the name of the Article is decentralization to local authorities, in which local authorities include People's Councils and People's Committees. However, Clause 1, Article 14 stipulates that "... Provincial and district People's Committees are decentralized to specialized agencies and other administrative organizations under their People's Committees, provincial and district People's Committees are decentralized to public service units under their management to continuously and regularly perform one or several tasks and powers under their authority...", while specialized agencies, other administrative organizations or public service units are not local authorities.

Second, the 2013 Constitution stipulates that the People's Council is the local state power agency, while the People's Committee is the local state administrative agency, the executive agency of the People's Council. Delegates are concerned about the regulation that the local state power agency (People's Council) is decentralized to the local state administrative agency (People's Committee at the same level); the People's Committee collectively decentralizes to the individual Chairman of the People's Committee at a lower level as stipulated in Clause 1, Article 14. Therefore, the Drafting Committee is requested to study this regulation to ensure compliance with the provisions of the 2013 Constitution on the position and functions of each entity.

Third, in the context of our country entering a new era, with strong determination and aspirations, it is extremely necessary to promote decentralization to promote the initiative, creativity and self-responsibility of local authorities. Clause 2, Article 14 of the draft Law stipulates that “... Decentralized agencies are responsible for ensuring the necessary conditions to perform decentralized tasks and powers, except in cases where decentralized agencies and organizations have proposed and committed to self-ensuring the conditions to perform decentralized tasks and powers”. Delegates are concerned about the legal value of the “commitment” and the basis for implementing the commitments of agencies and organizations that have proposed in this Article. Therefore, it is proposed to review to clearly stipulate the principles, methods of decentralization, forms of implementation and conditions of assurance, in accordance with the requirements of strong reform and innovation, ensuring clear people, clear work, clear responsibilities.

Commenting on the duties and powers of the provincial People's Council (Article 16), delegate Cam Thi Man said that the draft Law has added new duties and powers of the provincial People's Council related to "Revoking, abolishing, amending, supplementing part or all of the documents issued by themselves when they are deemed no longer suitable or illegal" at Point q, Clause 1, Article 16. It is proposed to specify more clearly the case of "when deemed no longer suitable" to serve as a basis for implementation, avoiding arbitrariness in the implementation process and affecting the rights and legitimate interests of other organizations and individuals. At the same time, there should be a mechanism to consider responsibility for cases of illegal issuance of documents.

Quoc Huong

Source: https://baothanhhoa.vn/co-co-che-de-xem-xet-trach-nhiem-doi-voi-cac-truong-hop-ban-hanh-van-ban-trai-phap-luat-239759.htm