According to the draft Resolution on handling a number of issues related to organizational restructuring, if the number of deputies is greater than the current regulations, no later than 5 years from the effective date of organizational restructuring, the number of deputies must comply with the regulations.
Ensure normal, smooth operation after arrangement and streamlining
On the afternoon of February 12, continuing the 9th extraordinary session of the National Assembly, Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, presented the draft resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the State apparatus.
Minister of Justice Nguyen Hai Ninh presented the report.
According to the Minister of Justice, the issuance of the resolution aims to create a legal basis for implementing the organizational arrangement of state agencies at the central and local levels.
Thereby, promptly handling issues arising in the implementation of the reorganization of the state apparatus, avoiding legal gaps, ensuring the normal, continuous and smooth operation of the state apparatus and the whole society; not interrupting the implementation of international treaties and international agreements; ensuring human rights and civil rights in accordance with the provisions of law.
The Resolution has 15 articles, of which Article 4 stipulates the implementation of functions, tasks and powers of competent agencies and individuals.
When arranging the State apparatus, the functions, tasks and powers of competent agencies and persons are implemented according to the principle of transfer to the competent agency or person receiving those functions, tasks and powers to continue implementing.
Notably, this article stipulates that in case the number of deputies of the head of an agency is greater than the maximum number according to current regulations, no later than 5 years from the effective date of the decision on organizational arrangement of the competent authority, the number of deputies of the head of the agency must comply with regulations.
The supervision, inspection, audit and examination of agencies that are formed or receive functions, tasks and powers after the reorganization of the State apparatus must be carried out in accordance with the provisions of law and must ensure continuity, no vacancy or overlap in the scope of authority for supervision, inspection, audit and examination and must not affect the normal operation of the agencies subject to supervision, inspection, audit and examination, according to the draft resolution.
Regarding inspection, according to the draft resolution, in case after the reorganization of the State apparatus, the agency receiving the functions, tasks and powers is allowed to perform specialized inspection functions according to the provisions of the Law on Inspection and relevant legal provisions, that agency is allowed to perform specialized inspection functions according to the inspection authority of the agency before the reorganization of the State apparatus.
In case after the reorganization of the State apparatus, the agency receiving the functions, tasks and powers at ministries and ministerial-level agencies is not allowed to perform specialized inspection functions according to the provisions of the Law on Inspection and relevant legal provisions, the specialized inspection functions of the agency before the reorganization shall be performed by the Inspectorate of the ministry or ministerial-level agency.
In cases not covered by the above provisions, the specialized inspection function shall be performed directly by the inspection agency of the superior state administrative agency, according to the draft resolution.
It is necessary to regulate the function of supervision and inspection after the arrangement.
Examining the draft resolution, the Law Committee found that provisions on the implementation of inspection functions or the organization of temporary detention, temporary imprisonment, prosecution, and execution of judgments when implementing the reorganization of the State apparatus are necessary. Because these are special activities, directly related to and affecting human rights, basic rights and obligations of citizens.
However, this is a complicated issue and currently the plan to reorganize and streamline the apparatus of a number of agencies is in the process of being finalized and reported to competent authorities for decision.
Panoramic view of the parliament on the afternoon of February 12.
Therefore, the Law Committee recommends that the drafting agency continue to consider and coordinate with relevant agencies and organizations to complete this content, ensuring compliance with the requirements of the State apparatus organization arrangement.
The review agency also requested the Government and relevant agencies to report further on whether the provisions in the draft resolution have covered all cases requiring adjustment of authority, scope of supervision and inspection after the implementation of the arrangement.
For example, the Central Executive Committee has agreed to the policy of not organizing district-level police. Therefore, in this case, it is necessary to clarify which agency will be responsible for supervising the investigation of criminal cases under the jurisdiction of the district-level People's Court to avoid problems in the implementation process.
The National Assembly's draft Resolution regulating the handling of a number of issues related to the reorganization of the State apparatus will be discussed by the National Assembly in groups on the morning of February 13, then discussed in the hall on the afternoon of February 14.
Source: https://www.baogiaothong.vn/de-xuat-cham-nhat-sau-5-nam-phai-sap-xep-xong-cap-pho-192250212172433551.htm
Comment (0)