Delegate Ha Sy Dong participated in some contents of the draft Law on Organization of Local Government.

This morning, February 15, under the chairmanship of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly discussed in the Hall the draft Law on Organization of Local Government (amended). Participating in the discussion session, National Assembly delegate Ha Sy Dong, Acting Chairman of the People's Committee of Quang Tri province, contributed to some contents of this draft.

Regarding the provisions in Article 2 of the draft on the organization of local governments in administrative units, delegates said: The provisions such as Clause 1, Article 2 have not been innovated and are not consistent with the current trend of streamlining the apparatus. Because the Party's policy through many recent congresses has directed the need to innovate the organization and operation of local governments in accordance with the characteristics of urban areas and rural and island areas.

Delegate Ha Sy Dong participated in some contents of the draft Law on Organization of Local Government - Photo: TT

Practice also shows that after amending the Law on Organization of Local Government in 2019, Da Nang City, Ho Chi Minh City and now Hai Phong City have been allowed by the National Assembly to implement one-level urban government and have shown very good results.

In the current conditions, we are implementing the Revolution of streamlining the organizational apparatus, so the local government organization also needs to be redesigned, suitable to the characteristics of urban and rural areas. This is not contrary to the Constitution.

Therefore, the delegate suggested that the drafting agency should study and, while the organization of local government in rural areas has not been reformed, it is necessary to strongly reform the organization of local government in urban areas to promote development. In addition, the delegate also suggested re-evaluating the necessity of the provisions in Clauses 2 and 3 of this Article; in case they are not necessary, they can consider removing them from the draft.

Regarding the provisions in Article 3 of the draft on classifying administrative units, the acting chairman of the provincial People's Committee emphasized: administrative units should not be classified; because administrative units are established based on security, national defense, geographical location, and socio-economic management requirements. However, in reality, relying mainly on population size, natural area, and socio-economic development level is not really accurate. The delegate gave an example: is a province with a large population more important or is a province with a larger area more important?

The draft regulation "Classifying administrative units is the basis for planning socio-economic development policies, regimes and policies for cadres and civil servants of local governments..." will easily lead to policy discrimination between administrative units and discrimination between cadres and civil servants,... Therefore, this should be considered to be removed.

Delegate Ha Sy Dong also contributed comments according to the provisions of Article 4 on the principles of organization and operation of local governments: According to the delegate, in the principles of organization and operation of local governments, there is no mention of decentralization, decentralization and the requirement to strengthen control of power over local governments when decentralization is strong.

It is recommended to add this principle. Regarding the provision in Clause 3, Article 4, it should not be stipulated that “strengthening the autonomy and self-responsibility of local governments” as a slogan, but should be revised, the organization and operation of local governments must be “in accordance with the principle that local matters must be decided by the locality, implemented by the locality and responsible by the locality”.

On the other hand, the delegate said that Clause 4, Article 4 should not be stipulated as in the draft “Modern, transparent local governance, ensuring accountability”. The draft Law needs to explain what the term “Local governance” is in order to prescribe appropriate standards for the organization and operation of local governments.

In addition, the delegates also proposed to adjust the regulations in: Clause 4, Article 4 as follows : "Meet the requirements of modern, effective, efficient, public, transparent local governance and promote all local resources"; Clause 5, Article 4 is "Ensure the goal of Streamline - Lean - Strong - Effective - Effective - Efficient"; Clause 6, Article 4 must ensure the principle of "modern, professional, responsible and people-serving administration" ...

Regarding the provisions in Article 6 of the People's Committee; currently, a centrally-run city such as Hanoi, Ho Chi Minh City, Da Nang City, Hai Phong City is implementing at the district or ward level without organizing a People's Council. However, the People's Committee is still the local government. Therefore, the delegate suggested that the drafting agency should consider and supplement regulations on the People's Committee in places where the People's Council is not organized.

The delegate also mentioned: (i) Clause 2, Article 9 should not stipulate general conditions as in the draft for mergers, establishment, dissolution, ... but should stipulate separately the conditions for establishment with the conditions for merger, dissolution conditions and special cases in which administrative unit separation is carried out; (ii) Point h, Clause 2, Article 12 stipulates the principle of decentralization and delegation to local authorities at all levels to ensure financial conditions, human resources and other conditions, which is very difficult to implement, so it is necessary to consider removing the regulation on this principle; (iii) for Clause 1, Article 36, the Government should not be assigned to stipulate the members of the People's Committee but should specifically stipulate in the Law on the organizational structure of the People's Committee, moreover, it should not include members who are directors of departments and branches.

Because the departments and branches are only specialized agencies, advising the Provincial People's Committee. Therefore, the organizational structure of the People's Committee should only include: Chairman, Vice Chairman, heads of military and police units at the same level. Similarly, for People's Committees where there is no People's Council, the heads of military and police at the same level should also participate in the organizational structure of the People's Committee because that is also the local government.

Performed by: Truong Son - Thanh Tuan - Cam Nhung

Source: https://baoquangtri.vn/da-i-bieu-ha-sy-dong-tham-gia-mot-so-noi-dung-ve-du-an-luat-to-chuc-chinh-quyen-dia-phuong-191735.htm