Proposal to remove the right to "revoke" documents of the People's Council and People's Committee

Continuing the 9th Extraordinary Session of the 15th National Assembly, on the morning of February 13, Group 18, including the National Assembly Delegation of Thanh Hoa Province, the National Assembly Delegation of Ha Nam Province and the National Assembly Delegation of Tra Vinh Province, discussed in groups the draft Law on Government Organization (amended); the draft Law on Organization of Local Government (amended); and the draft Resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the state apparatus.

National Assembly Delegate Lai The Nguyen, Standing Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Council, Head of the Provincial National Assembly Delegation spoke at the discussion group.

Participating in giving comments on the draft Law on Organization of Local Government (amended), National Assembly Delegate Lai The Nguyen, Standing Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Council, Head of the Provincial National Assembly Delegation, said that the draft Law on Organization of Local Government in Articles 16, 19 and 22 all have provisions on the People's Councils at all levels including provincial, district and communal levels having the right to withdraw, abolish, amend and supplement part or all of the documents issued by themselves when deemed no longer suitable or illegal.

Similarly, Articles 18, 21 and 24 of the draft Law also stipulate that the Chairman of the People's Committee has the right to withdraw, abolish, amend or supplement part or all of the documents issued by him/her when he/she deems them to be no longer appropriate or illegal.

National Assembly Delegate Lai The Nguyen, Standing Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Council, Head of the Provincial National Assembly Delegation spoke at the discussion group.

The content stipulates that the People's Council and the Chairman of the People's Committee at all levels have the right to revoke the documents they have issued when they are deemed no longer suitable or illegal. However, according to the provisions of the current Law on Promulgation of Legal Documents and the Draft Law on Promulgation of Legal Documents being submitted to the National Assembly, the handling of documents in cases of being inappropriate or illegal is only by the forms of suspension, temporary suspension, amendment, supplementation, replacement, and abolition, without the form of revocation.

Therefore, National Assembly Deputy Lai The Nguyen proposed to remove the right to "recall" documents of the People's Council and People's Committee. Because, in reality, when issuing a document that has been issued, if it is found to be illegal or no longer appropriate, it must be stopped, terminated, or abolished to end its legal value, not using the mechanical measure of "recall".

National Assembly Deputy Lai The Nguyen suggested that discussion must be based on the comparison between the Law on Promulgation of Legal Documents and the Law on Organization of Local Government to create consistency between legal documents.

National Assembly Deputy Mai Van Hai participated in speaking at the group.

Participating in giving comments on the draft Law on Government Organization (amended), National Assembly Deputy Mai Van Hai, Provincial Party Committee member, Deputy Head of the Provincial National Assembly Delegation, highly agreed with the necessity of amending the Law on Government Organization.

Commenting on Article 6 on the principle of delimitation of competence, National Assembly Deputy Mai Van Hai basically agreed with the 7 principles stated in the draft Law, and at the same time said that these are very important contents. However, in principle 2 in the draft Resolution, which states the responsibility of the Government to coordinate with agencies in the judicial field, agencies exercising the right to prosecute and supervise judicial activities, National Assembly Deputy Mai Van Hai proposed to add another principle, which is the coordination between the Government and the Central Committee of the Vietnam Fatherland Front and central political organizations and unions.

In Article 8 on decentralization, National Assembly Deputy Mai Van Hai said that this time the draft Law is very bold in decentralizing the responsibilities and authority of the Government and the Prime Minister to ministries, branches and localities, as well as requiring decentralization of responsibilities of ministers of ministerial-level agencies, agencies under ministries, as well as ministerial-level agencies. This is a very new step forward, but there are unclear decentralization contents here. However, if the Law on Organization of the Government does not specifically stipulate the decentralization contents, it is proposed that this issue should be assigned to the Government and assigned to ministries to specify the decentralization contents.

Article 21 stipulates the Deputy Ministers and Deputy Heads of ministerial-level agencies. In which, Point 2 stipulates that the number of Deputy Ministers and Deputy Heads of ministerial-level agencies shall not exceed 5 people, and for the Ministry of Public Security and the Ministry of National Defense shall not exceed 6 people (except in cases where it is required to mobilize and rotate cadres). National Assembly Deputy Mai Van Hai has the opinion that the Law on Government Organization should not stipulate the number of Deputy Ministers and Deputy Heads of ministerial-level agencies, but that this issue should be assigned to the Government to regulate, which is reasonable.

National Assembly Delegate Le Thanh Hoan participated in speaking at the group.

Participating in giving comments on the draft Law on Government Organization (amended), National Assembly Deputy Le Thanh Hoan, full-time member of the National Assembly's Law Committee, highly agreed with the necessity of amending the Law. At the same time, he suggested that the draft Law should clarify more issues related to decentralization, delegation and authorization...

Participating in giving comments on the draft Resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the state apparatus, National Assembly Deputy Mai Van Hai agreed with many contents about the situations that arise after the reorganization. In which, the draft has mentioned quite fully the situations in order to provide solutions to handle so that the apparatus after being reorganized can operate smoothly. However, according to National Assembly Deputy Mai Van Hai, there are 2 issues that have not been mentioned in the Resolution, which are the issue related to the deputy of the head and the direction of handling surplus public assets.

Quoc Huong

Source: https://baothanhhoa.vn/de-nghi-bo-quyen-thu-hoi-van-ban-cua-hdnd-va-ubnd-239541.htm