Addressing urgent issues when moving to a two-tier local government model

Illustration

Although the Law on Organization of Local Government 2025 has just been passed by the National Assembly at the 9th Extraordinary Session and will take effect from March 1, 2025, in order to implement the Party's policy on streamlining the organization and apparatus of the political system (no district-level organization, implementing a 2-level local government model), this Law continues to be amended.

The Ministry of Home Affairs said that currently, the National Assembly Party Committee is directing the amendment and supplementation of a number of articles of the 2013 Constitution with the scope of issues on the organization of the political system, including amending and supplementing a number of articles of Chapter IX regulating local government, planning to abolish district-level administrative units, and local government is only organized into 2 levels (including provincial level and sub-provincial level).

Accordingly, after the National Assembly considers and approves the Resolution amending and supplementing a number of articles of the 2013 Constitution, it will promptly amend and supplement the current Law on Organization of Local Government to ensure consistency with the provisions of the 2013 Constitution (after amendments and supplements) on local government.

While the regulations on administrative units and local government organization models in the current Law on Organization of Local Government are designed at 3 levels (including: provincial level, district level and commune level).

Therefore, it is urgent to amend and supplement the provisions of the Law on Organization of Local Government to implement the 2-level local government model and resolve issues arising when converting from the 3-level local government model to the 2-level local government model in order to create a legal corridor for agencies and organizations in the state apparatus to operate according to the 2-level local government model, ensuring streamlining, compactness, strength, efficiency, effectiveness, and efficiency, meeting the new development requirements of the country.

Accordingly, the draft Law amends and supplements regulations on the organization of administrative units and the 2-level local government model (including: provincial and grassroots levels, not district level) suitable for urban, rural, island areas, and special economic administrative units.

Provincial level remains as per current regulations (including: provinces, centrally-run cities), but merges some provincial administrative units to ensure meeting prescribed standards, and at the same time to expand development space.

Reorganize current commune-level administrative units to form grassroots commune-level administrative units (including communes, wards and special zones on islands; abolish towns) with natural areas and population sizes reaching 300% or more of commune-level standards according to current regulations; maintain special economic-administrative units as currently regulated and established by decision of the National Assembly.

Ensure local government operations are continuous, smooth, and uninterrupted.

To ensure that the operations of local governments when converting the government model from 3 levels to 2 levels take place continuously, smoothly, without interruption of work, without overlapping, duplication or omission of tasks, fields, areas, without affecting the tasks of socio-economic development, normal activities of society, people, businesses, ensuring national defense, security, social order and safety in the area, the draft Law stipulates transitional contents related to a number of important and urgent issues that need to be prioritized for resolution.

Including the following basic contents: Stipulating that within 2 years from the effective date of the Law (from July 1, 2025), the Government shall issue legal documents under its authority to redefine the tasks and powers of local governments and adjust other regulations related to the implementation of tasks and powers of local governments for unified application during the period when laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee have not been amended or supplemented, and periodically report to the National Assembly Standing Committee; in cases related to laws and resolutions of the National Assembly, report to the National Assembly at the nearest session.

Regulations to end the organization of urban government models currently being implemented in Hanoi, Ho Chi Minh City, Da Nang City, Hai Phong City...

Stipulate the deadline for local government agencies at the district level to hand over work, records, documents, finances, budgets, headquarters, assets, and other relevant facilities to competent agencies, organizations, and units (15 days).

Regulations on the validity and authority to handle documents of district-level local authorities (after dissolution).

Regulating the continued implementation of works, investment projects, work, and settlement of administrative procedures of district-level local authorities that have not been completed or have been completed but have arisen issues that need to be resolved.

Regulations on assigning the provincial People's Committee the authority to change the order, procedures, and authority to perform the tasks and powers of local authorities at provincial and grassroots levels.

At the same time, the draft Law also proposes other relevant regulations to ensure continuous and normal operation of new agencies, organizations and units when implementing the two-level local government model.

The Ministry of Home Affairs is currently seeking comments on the draft revised Law on Organization of Local Government. The draft Law is expected to be submitted to the National Assembly at the upcoming 9th session.

Thu Giang

Source: https://baochinhphu.vn/giai-quyet-nhung-van-de-cap-bach-khi-chuyen-sang-mo-hinh-chinh-quyen-dia-phuong-2-cap-10225032511405632.htm