Kinhtedothi - On the afternoon of February 12, at the 9th extraordinary session of the 15th National Assembly, Minister of Home Affairs Pham Thi Thanh Tra presented the Report on the Draft Law on Government Organization (amended).
Implement strong decentralization and delegation
According to the Minister of Home Affairs, the viewpoint of building the Draft Law is based on the principle of thoroughly grasping the Party's policies, implementing the National Assembly's Resolution on innovation and reorganization of the State administrative apparatus to be "streamlined, compact, strong, effective, efficient and effective" to meet the requirements of building and perfecting the socialist rule-of-law State of Vietnam in the new period and in accordance with the provisions of the 2013 Constitution.
Perfecting regulations on the organization and operation of the Government to overcome difficulties and inadequacies and meet the requirements of modern and effective national governance innovation, building a digital Government in the new situation.
Ensuring the unified and centralized leadership and direction of the Government, at the same time implementing strong and reasonable decentralization and delegation between the Government, the Prime Minister, ministries, ministerial-level agencies and local authorities; promoting administrative reform, strengthening discipline and order, building a unified, transparent, continuous, democratic, rule-of-law administration serving the people...
The draft Law consists of 5 chapters and 32 articles (2 chapters and 18 articles less than the current law), ensuring high continuity and generality according to the requirements of law-making innovation of the General Secretary and the National Assembly, ensuring stability and long-term longevity in the legal system.
The draft Law designs the tasks and powers of the Government to be implemented in accordance with the provisions of the Constitution; at the same time, clarifies the tasks and powers of the Government in the direction of: submitting to the National Assembly for decision on basic and important contents; submitting to the National Assembly Standing Committee for decision on contents under its authority; submitting to the President for decision on special amnesty in accordance with the provisions of law; performing tasks within the authority of the Government.
Determining the principle of dividing authority between the Government and the National Assembly, the National Assembly Standing Committee, the Supreme People's Court, and the Supreme People's Procuracy, in conjunction with perfecting the tasks and powers of the Government as the highest State administrative agency, will ensure the improvement of the effectiveness of the relationship between the agency exercising executive power, the agency exercising legislative power, and the agency exercising judicial power.
According to the Minister of Home Affairs, the Draft Law also completes the provisions on the tasks and powers of the Government (Article 10), including a number of new points as follows: The Government unifies the State management of sectors and fields. The Government assigns the scope of State management to ministries and ministerial-level agencies; decentralizes authority to Ministers and Heads of ministerial-level agencies according to the scope of management, ensuring clear division of responsibilities of Ministers and Heads of ministerial-level agencies as members of the Government and heads of ministries and ministerial-level agencies.
The Government decides on policies for the development of sectors, regions and localities (except for policies under the decision-making authority of the National Assembly and local authorities), ensuring consistency with the Party's policies, strategies and plans for socio-economic development of the country in each period and the basic goals, targets, policies and tasks of socio-economic development approved by the National Assembly.
For issues that have been decentralized to local authorities, local authorities shall proactively decide, organize implementation and be responsible for the results of performing decentralized tasks.
The Draft Law also supplements and clearly defines the responsibilities of the Prime Minister; perfects regulations on the duties, powers and responsibilities of Ministers and Heads of ministerial-level agencies, ensuring clear distinction between the capacity of Government members and heads of ministries and ministerial-level agencies.
Review to ensure consistency in the legal system
Presenting the report on the review of the Draft Law on Government Organization (amended), Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that the Law Committee agrees with the comprehensive amendment of the Law on Government Organization for the reasons stated in the Government's Submission.
The draft Law on Government Organization (amended) has many contents related to laws that are being amended and supplemented such as the Law on Organization of the National Assembly, the Law on Organization of Local Government, the Law on Promulgation of Legal Documents, the Law on Supervision Activities of the National Assembly and People's Councils... Therefore, it is recommended that the drafting agency continue to review and compare to ensure policy consistency and the consistency of the legal system.
Regarding some specific contents, the People's Committee agrees with the addition of provisions in Articles 7, 8 and 9 on decentralization, delegation and authorization to promptly institutionalize the Party's policy on implementing strong and reasonable decentralization and delegation between the Central and local levels. At the same time, it is recommended that the drafting committee review to ensure consistency and consistency with the contents of the Draft Law on Organization of Local Government (amended).
Regarding the tasks, powers and responsibilities of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies, the Law Committee requests the drafting agency to review and study the regulations in a more general direction, while ensuring consistency with relevant laws such as the Law on Organization of the National Assembly and the Law on Promulgation of Legal Documents...
Source: https://kinhtedothi.vn/hoan-thien-quy-dinh-ve-nhiem-vu-quyen-han-cua-chinh-phu-hop-voi-yeu-cau-sap-xep-tinh-gon-bo-may.html
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