(TN&MT) - Continuing the 9th extraordinary session, on the afternoon of February 12, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly listened to the Presentation and Verification Report on the draft Law on Government Organization (amended).
Create a legal basis for innovation and effective organization of the state administrative apparatus.
Authorized by the Prime Minister, presenting the Draft Law on Government Organization (amended), Minister of Home Affairs Pham Thi Thanh Tra said that the amendments and supplements to complete the regulations on the principles of organization and operation of the Government; the tasks and powers of the Government, the Prime Minister and members of the Government create a legal basis for innovation and reorganization of the State administrative apparatus effectively and efficiently. Promoting decentralization and delegation of power, promoting a creative and developing Government, meeting the requirements of building and perfecting the socialist rule-of-law State of Vietnam.
Accordingly, the Draft Law consists of 05 chapters and 32 articles (compared to the current Law, 02 chapters and 18 articles are reduced), ensuring high continuity and generality according to the requirements of law-making innovation of the General Secretary and the National Assembly, ensuring stability and long-term longevity in the legal system.
The content of the draft Law focuses on perfecting the regulations on the tasks and powers of the Government, in which the new point is that the Government unifies state management of sectors and fields. The Government assigns the scope of state management to ministries and ministerial-level agencies; decentralizes authority to Ministers and Heads of ministerial-level agencies according to the scope of management, ensuring clear division of responsibilities of Ministers and Heads of ministerial-level agencies as members of the Government and heads of ministries and ministerial-level agencies. In addition, the draft Law has also perfected the principled contents on decentralization and delegation of authority between the Government, Prime Minister, Ministers and Heads of ministerial-level agencies and local authorities;...
Decentralization, strong and reasonable delegation of power between the Central and local levels
Examining this content, Chairman of the Law Committee Hoang Thanh Tung stated that the Law Committee agrees with the comprehensive amendment of the Law on Government Organization for the reasons stated in the Government's Submission. Basically, the documents in the Dossier have ensured the provisions of the Law on Promulgation of Legal Documents on dossiers for consideration and approval according to simplified procedures and order, and are eligible to be submitted to the National Assembly for consideration and decision.
The content of the draft Law is consistent with the Party's guidelines and policies and consistent with the policies proposed in the Law Proposal. In addition, the draft Law on Government Organization (amended) has many contents related to the laws being amended and supplemented such as the Law on Organization of the National Assembly, the Law on Organization of Local Government, the Law on Promulgation of Legal Normative Documents, the Law on Supervision Activities of the National Assembly and People's Councils, etc. Therefore, it is recommended that the drafting agency continue to review and compare to ensure policy consistency and consistency of the legal system.
Regarding the principle of delimitation of authority, the Law Committee agrees with the provisions on the principle of delimitation of authority in Article 6. To handle the contents that still overlap in functions and tasks between the National Assembly, the National Assembly Standing Committee and the Government under the direction of the Politburo, the draft Law amending and supplementing a number of articles of the Law on Organization of the National Assembly has added provisions on the contents that need to be regulated by law and resolution of the National Assembly (Clause 1, Article 1 of the draft Law amending and supplementing Article 5 of the current Law on Organization of the National Assembly), basically ensuring the requirement of "clearly defining the authority and responsibility of the legislative and executive bodies...".
At the same time, the Law Committee also agreed with the need to clearly define the responsibilities of Ministers and Heads of ministerial-level agencies as members of the Government and as heads of Ministries and ministerial-level agencies. However, the provisions in the draft are not really clear and may cause different interpretations in the application of the law. Therefore, it is recommended that further research be conducted to ensure suitability and feasibility.
Regarding decentralization, delegation, and authorization, the Law Committee agrees with the addition of provisions in Articles 7, 8, and 9 on decentralization, delegation, and authorization to promptly institutionalize the Party's policy on implementing strong and reasonable decentralization and delegation between the central and local levels. In addition, the contents on decentralization, delegation, and authorization expressed in the draft Law on Organization of the Government (amended) and the draft Law on Organization of Local Government (amended) are closely related to each other, and need to be further reviewed to ensure consistency and unity.
In addition, regarding the tasks, powers and responsibilities of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies, the Law Committee requests that the drafting agency review and study the regulations in a more general direction, while ensuring consistency with relevant laws...../.
Source: https://baotainguyenmoitruong.vn/day-manh-phan-cap-phan-quyen-thuc-day-chinh-phu-kien-tao-phat-trien-386567.html
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