Maintain the People's Councils at all levels, supplement regulations when there is a vacancy for the Chairman of the People's Council

Báo Dân tríBáo Dân trí28/02/2025

(Dan Tri) - The Law on Organization of Local Government maintains the organizational structure of the People's Council, adds the case of a vacant People's Council Chairman, and does not stipulate that the Chairman of the People's Committee at the beginning of the term is a People's Council delegate...


On the morning of February 28, the Office of the President held a press conference to announce the laws passed by the National Assembly at the recent 9th extraordinary session, including the Law on Organization of Local Government 2025.

The Law on Organization of Local Government 2025 consists of 7 chapters and 50 articles, effective from March 1.

The Law on the organization of local government in administrative units clearly states that local government in provincial, district and commune administrative units is a local government level consisting of the People's Council and the People's Committee.

In case the National Assembly has regulations on not organizing local government level, the local government in that administrative unit is the People's Committee.

Removing institutional and policy bottlenecks

Deputy Minister of Home Affairs Vu Chien Thang said that the Law on Organization of Local Government 2025 is designed and built on the basis of three basic principles.

Firstly, the law stipulates the principles of delimitation of authority, decentralization, delegation of authority and delegation of authority of local authorities.

Giữ nguyên HĐND các cấp, bổ sung quy định khi khuyết Chủ tịch HĐND - 1

Deputy Minister of Home Affairs Vu Chien Thang informed about new points of the Law on Organization of Local Government (Photo: Trong Quynh).

Second, the law creates a legal corridor to handle practical issues, remove "institutional and policy bottlenecks" in order to immediately implement the Party's guiding viewpoints on promoting decentralization and delegation of power between the Central and local governments, and between local government levels.

This is to promote local initiative and creativity according to the motto "locality decides, locality does, locality takes responsibility"; "whichever level solves the problem more effectively, assign tasks and authority to that level", according to the Deputy Minister of Home Affairs.

Third, innovate the thinking of law-making, according to which the law only regulates issues of principle to ensure the long-term stability of the law, while at the same time anticipating issues that may change and fluctuate according to each period of the country's development to assign the Standing Committee of the National Assembly and the Government to regulate.

Regarding the new point of view on the division of authority, decentralization, delegation of authority, and authorization, Deputy Minister Vu Chien Thang said that the Law stipulates 7 principles of division of authority, clearly defining the content and scope of tasks and powers that local authorities are allowed to decide, organize implementation, and take responsibility for the results.

To encourage the proactive and creative spirit of localities, the Law supplements the provision that "local authorities shall proactively propose to competent authorities on decentralization and delegation of authority to competent agencies, organizations and individuals in the locality to perform tasks and powers in accordance with the capacity and practical conditions of the locality".

" Clear people, clear work, clear responsibilities"

Regarding decentralization, the Law clearly stipulates the requirements and conditions for decentralization such as: Decentralization to local authorities at all levels must be stipulated in laws and resolutions of the National Assembly; local authorities are autonomous in making decisions, organizing implementation and taking responsibility within the scope of their decentralized tasks and powers.

Giữ nguyên HĐND các cấp, bổ sung quy định khi khuyết Chủ tịch HĐND - 2

The Office of the President held a press conference to announce the laws passed by the National Assembly at the 9th extraordinary session (Photo: Trong Quynh).

The Deputy Minister of Home Affairs also stated that superior state agencies, within the scope of their tasks and powers, are responsible for inspecting, examining, and supervising the constitutionality and legality of local authorities at all levels performing their delegated tasks and powers.

The new point about decentralization in the law is shown through the clear regulation of the decentralizing subject and the decentralizing recipient; the regulation of the responsibility of the decentralizing agency in ensuring the conditions for implementing decentralization.

The agency receiving the delegation is responsible before the law and before the decentralizing agency for the results of the implementation of the delegated tasks and powers. The law also stipulates that it is not allowed to further delegate the tasks and powers it has received.

Regarding authorization, compared to the 2015 Law, Deputy Minister Vu Chien Thang said that this Law has clarified and expanded the scope of the authorizing subject and the authorized subject; clearly stipulating the requirements of authorization (authorization must be in writing by the authorizing agency, clearly stating the content, scope, and duration of authorization).

In addition, the Law clearly stipulates the responsibilities of agencies in authorizing and performing authorized tasks; Regulates the use of seals and forms of documents when performing authorized tasks, and the adjustment of administrative procedures in cases of authorization.

Regarding the duties of the People's Council and People's Committee, the Law clearly states the principle of "clear people, clear work, clear responsibilities" and avoids overlapping regulations and duplication of duties and powers between local government levels and between local government agencies.

The Law also defines the tasks and powers of the collective People's Committee and the individual Chairman of the People's Committee where local government is organized in the direction of increasing the tasks, authority and responsibility of the individual Chairman of the People's Committee...

Regarding the organization and operation of the People's Council, compared to the 2015 Law, the Law has stipulated in the direction of maintaining the content on the organizational structure of the People's Council; General regulations on the operation of the People's Council, the Standing Committee of the People's Council, the tasks and powers of the People's Council delegates.

In addition, the Law has amended and supplemented a number of provisions to resolve difficulties and obstacles in the practical implementation of the law, such as not stipulating that the Chairman of the People's Committee at the beginning of the term is a People's Council delegate; supplementing provisions on cases where the Chairman of the People's Council or the Standing Committee of the People's Council is vacant; supplementing provisions on temporary suspension of the positions of Vice Chairman of the People's Council, Head and Deputy Head of the People's Council's Committee, etc.



Source: https://dantri.com.vn/noi-vu/giu-nguyen-hdnd-cac-cap-bo-sung-quy-dinh-khi-khuet-chu-tich-hdnd-20250228091550442.htm

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