Proposal to supplement regulations on the duties and powers of the Prime Minister
Báo Dân trí•19/10/2024
(Dan Tri) - The Ministry of Home Affairs proposed to amend and supplement regulations on the principles of organization and operation of the Government; regulations on the tasks and powers of the Prime Minister.
The Ministry of Justice has just announced the proposal to develop a Law amending and supplementing the Law on Government Organization 2015 (amended and supplemented in 2019) chaired by the Ministry of Home Affairs. According to the draft outline, the Ministry of Home Affairs proposes to amend and supplement the provisions on the principles of organization and operation of the Government on the basis of inheriting and perfecting the provisions in Article 5 of the current Law on Government Organization. In particular, the principles of determining the tasks and powers of the Government, the Prime Minister, Ministers, and Heads of ministerial-level agencies will be supplemented in specialized laws, ensuring consistency with the principles of organization and operation of the Government in the Law on Government Organization. The Law on Government Organization will be supplemented with principles of assignment and coordination in State management of sectors and fields, ensuring the implementation of the goal of streamlining the Government's apparatus and operating effectively and efficiently.
Minister of Home Affairs Pham Thi Thanh Tra (Photo: Pham Thang).
"Research and supplement regulations on government agencies in an open direction to innovate the organization and operation of government agencies with the nature of policy implementation agencies, operating independently from ministries and ministerial-level agencies performing state management functions," the Ministry of Home Affairs stated its viewpoint when amending the law. Notably, the Ministry of Home Affairs proposed to amend and supplement regulations on the duties and powers of the Prime Minister. Specifically, supplement and complete the provisions in Article 28 of the current Law on Organization of the Government, in order to be consistent with the Prime Minister's authority on personnel work according to Party regulations and relevant laws. The draft will clarify the scope of responsibility of the Prime Minister in leading the Government, leading the policy making and organizing law enforcement in accordance with the completion of the power control mechanism between the agency exercising executive power, the agency exercising legislative power and the agency exercising judicial power. In addition, the draft requires amending and supplementing regulations on the duties and powers of Ministers and Heads of ministerial-level agencies as members of the Government on the basis of inheriting and perfecting Article 33 of the current law. The Ministry of Home Affairs wishes to supplement regulations that will enhance the responsibility of Ministers and Heads of ministerial-level agencies, limiting the transfer of responsibility to the Prime Minister to decide on specific issues within the scope of State management assigned by the Government to the Ministry or branch under their management. The summary of 10 years of implementing the Law on Government Organization shows that the decentralization and delegation of power between the Government, the Prime Minister and the Ministries and branches; between the Government, the Ministries and branches and local authorities still have many limitations and shortcomings. In particular, the regulation that the Government and the Prime Minister decide on many specific issues; lack of uniformity in decision-making authority and resources, conditions to ensure implementation. From there, the drafting agency concluded that the potential, advantages, resources, initiative and creativity of localities - especially localities that are self-sufficient in budget and have a position and role as a driving force in the socio-economic development of the region - have not been fully promoted. "There is still a situation of direct decentralization to ministries and branches in specialized laws, especially the regulation that a number of ministries and branches participate in the management of a sector or field, which does not ensure the unified management of the Government according to the provisions of the Law on Organization of the Government 2015 (amended and supplemented in 2019), and is inconsistent in implementing the principle that one task is assigned to only one agency to preside over and take responsibility. This gives rise to overlaps in the assignment of tasks, leading to many tasks having to be pushed to the Prime Minister for decision or having to establish many interdisciplinary Steering Committees to resolve them," the Ministry of Home Affairs stated in the dossier sent to the Ministry of Justice. It is expected that the draft law will be submitted to the National Assembly for first consideration and comments in April 2026. The National Assembly is expected to consider and pass the draft law in October 2026.
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