Kinhtedothi - According to Associate Professor, Dr. To Van Hoa - Vice Principal of Hanoi Law University, streamlining the apparatus in the direction of not organizing intermediate levels is an important step to build a streamlined, modern, effective and efficient administration...
On March 6, the Ministry of Justice coordinated with the Ho Chi Minh National Academy of Politics to organize a national scientific conference on “Innovation in law-making and enforcement to meet the requirements of national development in the new era”. The conference focused on analyzing urgent requirements in law-making and enforcement to meet the requirements of national development in the new era - the era of rising up and prosperity of the Vietnamese people.
The workshop was chaired by: Politburo member, Chairman of the Central Theoretical Council, Director of the Ho Chi Minh National Academy of Politics Nguyen Xuan Thang; Politburo member, Secretary of the Party Central Committee, Head of the Central Internal Affairs Commission Phan Dinh Trac; Party Central Committee member, Minister of Justice Nguyen Hai Ninh; Deputy Minister of Justice Nguyen Thanh Tinh.
Innovation in thinking about law making and enforcement
In his opening speech, Director of the Ho Chi Minh National Academy of Politics Nguyen Xuan Thang affirmed that innovation in law-making and law enforcement is of utmost importance in the process of comprehensively and synchronously promoting the country's renewal. To realize the aspiration to rise up in the New Era requires great determination and effort, truly renewing thinking, and implementing revolutionary changes to not only catch up but also be able to surpass in development.
“The entire political system is vigorously carrying out the revolution in restructuring the apparatus, ensuring streamlining - compactness - strength - efficiency - effectiveness - efficiency; identifying institutional breakthroughs as “breakthroughs of breakthroughs”, must go early, go first, pave the way for development, liberate all resources, especially resources from the people; promote decentralization and delegation of power in the spirit of “Local decision, local action, local responsibility, the Central, Government, National Assembly play a constructive role” and “strengthen supervision, inspection, urging, removing difficulties and obstacles” - Director of the Ho Chi Minh National Academy of Politics Nguyen Xuan Thang emphasized.
To implement those breakthrough policies and decisions, Director of the Ho Chi Minh National Academy of Politics Nguyen Xuan Thang affirmed that we must start with innovation in thinking about building and enforcing laws.
The Director of the Ho Chi Minh National Academy of Politics also directed discussions on innovation and reorganization of the apparatus of law-making and enforcement agencies to ensure leanness, compactness, strength, efficiency, effectiveness, and efficiency from the central to local levels.
In addition, continue to review and complete regulations on functions, tasks and organizational structure of ministries, ministerial-level agencies, agencies under the Government, the National Assembly, People's Committees and People's Councils at the local level, courts and procuracies in the direction of eliminating intermediate levels, especially not organizing at the district level...
Speaking at the workshop, Prof. Dr. Hoang The Lien - Former Permanent Deputy Minister of Justice, Member of the Scientific Council of the National Assembly Standing Committee, stated that after nearly 40 years of renovation, our country has gathered enough premises and conditions for our nation to rise up in the New Era.
Prof. Dr. Hoang The Lien said that in order for the nation to reach its aspirations in the new era, it is necessary to set higher development targets, especially socio-economic growth targets; accelerate and make breakthroughs in the speed of development; be more drastic in implementing revolutionary reforms in institutions, laws, and organizational apparatus, focusing on promoting the implementation of the task of building and perfecting the Socialist Rule of Law State of Vietnam according to Resolution No. 27-NQ/TW of the Party. Promoting institutional and legal reforms is the top priority requirement to create a comprehensive, synchronous, and effectively operating institutional system, promoting national development. That institution, viewed as a whole, must ensure the expression and implementation of three basic requirements: Sustainable General Order, Rule of Law, and Development.
In addition, Prof. Dr. Hoang The Lien also suggested that the authorities should soon develop a Resolution on innovation in law-making and enforcement to meet the requirements of national development in the new era to reform institutions and laws to meet the requirements of national development in the new era.
Research on amending and supplementing a number of articles of the Constitution
Speaking at the workshop, Associate Professor, Dr. To Van Hoa - Vice President of Hanoi Law University expressed his opinion on the study of not organizing the district level. According to Associate Professor, Dr. To Van Hoa, not organizing the district level in the local administrative system in Vietnam is not simply to abolish the district level administrative unit and merge communes, but to ensure smoothness in local administrative work in the current context, especially public services for the people.
According to Associate Professor, Dr. To Van Hoa, first of all, it is necessary to clarify the concept of "administrative unit" and the concept of "specialized administrative unit". In modern local administrative governance, the national territory is often divided by the State into administrative units and special administrative units so that every square meter must be managed and have national sovereignty. However, not every square meter is managed according to the same mechanism but has differences suitable to the natural, population, economic and social conditions of that place.
From the analysis of the above principles in the organization of the local administrative system, Associate Professor, Dr. To Van Hoa said that the administrative unit has two levels: The first is the provincial level, including provinces and centrally-run cities. The second is the grassroots level (below the provincial level, can be called "commune level" or "grassroots level"), including the administrative units closest to the people, that is, communes and concentrated urban areas (can be called cities, classified into groups depending on size and level of development).
Associate Professor, Dr. To Van Hoa stated that implementing the policy of not organizing at the district level will require research to amend and supplement a number of provisions of the Constitution. He proposed amending Article 110 of the Constitution on administrative units in Vietnam in the direction of stipulating that the Socialist Republic of Vietnam consists of administrative units and specialized administrative units.
There are 2 levels of administrative units: provincial-level administrative units (including provinces and centrally run cities) and grassroots-level administrative units, or commune-level (including communes, cities, and towns in provinces; communes, cities, and inner cities in centrally run cities). The inner city is a new administrative unit, including the core urban area, the capital of a centrally run city, including the current inner-city districts of centrally run cities. For example, the inner city of Hanoi includes 12 districts, the inner city of Ho Chi Minh City includes 16 districts, the inner city of Hai Phong includes 6 districts, etc.
The basic administrative units can be divided into smaller territories, but they are not administrative units but only administrative management areas. There is no local government established, but only departments/bases of higher-level administrative agencies carry out administrative management work.
Specialized administrative units include specialized administrative units at all levels established and managed according to the provisions of law. The Law on Local Government may prescribe 2 or more levels of specialized administrative units.
Including specialized administrative units managed by provincial-level local authorities and specialized administrative units managed by the central level.
The establishment, dissolution, merger, division, and adjustment of administrative and specialized administrative units are carried out in accordance with the provisions of the law. Therefore, Associate Professor, Dr. To Van Hoa believes that the procedural regulations in the law are appropriate, both ensuring democracy and creating the necessary flexibility to suit the diversity of types of administrative and specialized administrative units.
Regarding the amendment of the Constitution on the organization of local governments, Associate Professor, Dr. To Van Hoa said that for Article 111 of the Constitution on the organization of local governments, it is necessary to study and amend and supplement in two directions. Firstly, the regulation in administrative units establishes local governments including People's Councils and People's Committees. There is no distinction between local governments and "local government levels" because local governments must have a full structure of People's Councils and People's Committees. Secondly, the regulation in specialized administrative units does not establish local governments but can establish administrative management mechanisms suitable for the purpose of establishing specialized administrative units.
“The streamlining of the local government apparatus towards not organizing at the district level is an important step to improve the effectiveness of state management. If implemented well, it will help reduce the cumbersomeness in the state administrative system, while creating a streamlined, flexible administrative model, suitable for development requirements in the current context. To successfully implement this policy, amending and supplementing the Constitution is necessary to create a clear and stable constitutional foundation for the process of restructuring the apparatus,” Associate Professor, Dr. To Van Hoa emphasized.
Source: https://kinhtedothi.vn/doi-moi-cong-tac-xay-dung-va-thi-hanh-phap-luat-dap-ung-yeu-cau-phat-trien-trong-ky-nguyen-moi.html
Comment (0)