Decentralization and delegation of power to reduce 'your rights, my rights'

On November 6, the National Assembly discussed the draft Law on Public Investment (amended). The issues of decentralization and delegation of power; and shortening the project implementation time were of interest to the National Assembly deputies.

Scene of the National Assembly session on November 6. Photo: Quang Vinh.

Shorten project implementation time

National Assembly Deputy Tran Chi Cuong (Da Nang Delegation) said that the draft Law has researched and resolved long-standing problems in the implementation of public investment activities from the provisions of the current Law on Public Investment or because the provisions create different understandings and approaches in organizing the implementation of the law to promote the effective implementation of the Public Investment Law projects.

According to Mr. Cuong, the addition of some new regulations such as separating site clearance work into independent projects, using capital sources other than public investment capital for investment preparation work, decentralizing the adjustment of public investment planning, decentralizing the decision on investment policies for project groups will contribute to shortening the time in implementing public investment projects. However, the issue of procedures and processes for implementing public investment projects needs to be studied, reviewed, and adjusted to further shorten the project implementation time.

According to National Assembly Deputy Hoang Ngoc Dinh (Ha Giang Delegation), it is necessary to continue reviewing and perfecting control mechanisms when promoting the implementation of decentralization of public investment. Strict regulations must be put in place to avoid the situation of deciding to invest in ineffective projects with long implementation periods, causing loss and waste. Ensure the principle of assigning and coordinating power control according to the provisions of the Constitution. Improve the operational efficiency of the apparatus in public investment management. Carefully and cautiously study the regulations on decentralization and delegation of power must be consistent with the roles, functions, tasks and capabilities of the implementation organization of localities and units to avoid errors and ensure feasibility during the implementation process.

Regarding the criteria for classifying important national projects, according to Deputy Nguyen Thi Tuyet Nga (Quang Binh Delegation), the draft Law on Public Investment also proposes to increase the capital criteria of public investment projects. However, Ms. Nga suggested that there should be a specific assessment, providing the basis for increasing the investment capital of the project to meet the criteria of national importance. At the same time, it is necessary to assess the policy impact on the system of ongoing projects as well as the development context of each locality to determine appropriate criteria.

Deputy Pham Hung Thang (Ha Nam delegation) mentioned Clause 2, Article 57 of the draft law stipulating conditions for annual capital allocation. However, to shorten the time and procedures for implementation, Mr. Thang proposed to consider, amend and add more conditions for projects to be allocated annual public investment plan capital in Clause 2, Article 57. Accordingly, the amendment is in the direction of "programs and projects of other public investment subjects that have been decided on investment policies, investment decisions or procedures according to relevant laws by competent authorities".

Citing evidence that in 2023, many localities were unable to disburse capital plans due to incomplete investment procedures, leading to a situation of excess capital but unable to be used, causing waste of resources, National Assembly Delegate Do Ngoc Thinh (Khanh Hoa Delegation) suggested that it is necessary to supplement regulations on criteria for prioritizing capital allocation, and at the same time, provide a mechanism to monitor and control the use of capital to avoid budget imbalance and increased public debt.

Consider decentralizing investment policy decisions from the People's Council to the People's Committee

Proposing that the draft Law needs to be reviewed and evaluated closely and carefully, with comparisons with the provisions of other relevant laws to ensure consistency and unity and avoid creating additional conflicts and difficulties that affect the effectiveness of law enforcement, Deputy Nguyen Phuong Thuy (Hanoi Delegation) mentioned the group of policies related to continuing to promote decentralization and delegation of power. Accordingly, along with delegating power to lower-level agencies, especially local authorities, to properly implement the policy, it is necessary to supplement mechanisms and solutions to ensure the requirements of power control. Strengthen inspection, examination, supervision, increase publicity and transparency in deciding on investment contents as well as enhance the accountability of agencies assigned with decision-making authority.

Regarding the authority to decide on investment policies, the Government proposed to transfer the authority to decide on investment policies for public investment projects of groups B and C using local budget capital from the People's Council to the People's Committees at all levels. Ms. Thuy said that the decision on investment policies as well as investment decisions should be assigned to two different agencies to ensure the requirements of supervision and control of power.

Ms. Thuy analyzed: Previously, we were assigning the People's Council to decide on investment policies for public investment projects using local budget capital. Because the People's Council is the local state power agency, the agency that decides on important local issues, the agency that represents the people to decide on the use of local budgets and exercise the right to supervise, so the People's Council deciding on investment policies and then the Chairman of the People's Committee deciding and organizing the implementation of the investment project is a very reasonable process.

On the other hand, according to Ms. Thuy's assessment, when this content is brought up for consideration, discussion and decision at the People's Council, the preparation of project documents will have to be more careful. The publicity and transparency of the process as well as the content of the investment project will also be better ensured. This is an important condition for agencies and people to be able to monitor the activities of state agencies. "Therefore, I propose not to amend the content of the regulations on the authority to decide on investment policies for projects using local budget capital" - Ms. Thuy said.

Sharing the same view, National Assembly member Pham Van Hoa (Dong Thap delegation) also proposed to keep the current regulations. If there is decentralization to only implement group C projects at the provincial and district levels as the current regulations, it is still assigned to the district-level People's Council to decide. "For example, group B projects have an investment capital of 240 billion VND to less than 4,600 billion VND, group C is less than 240 billion VND. Investment capital needs to be supervised and decided by the People's Council to ensure objectivity and control power," said Mr. Hoa.

"It is necessary to consider decentralizing the authority to decide on investment policies from the People's Council to the Chairman of the People's Committee at the same level" - Delegate Hoang Van Cuong (Hanoi Delegation) expressed his opinion. Currently, People's Councils at all levels meet quite frequently, so we do not have to worry about having to wait when passing the People's Council's approval. In fact, when passing the People's Council's approval, the preparation of projects must be more thorough and this more thorough preparation is very necessary. When passing the People's Council's approval, we have implemented a mechanism to control power. "When the People's Council approves, the People's Council itself can also propose specific solutions to solve specific problems in the locality. This will help the project to be more favorable when passing the People's Council" - Mr. Cuong said.

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Explaining at the meeting, regarding the issue of decentralization and delegation of power, Minister of Planning and Investment Nguyen Chi Dung cited the story of a Chinese province that built 2,000km of highway in 3 years, the largest highway area in the world, the largest high-speed railway in the world. They have 49,000km of high-speed railway, 200,000km of high-speed railway, but we have not had any km. “If we follow the regulations like that, it will be very slow and not meet the requirements, we must decentralize more strongly. That is the common spirit of the Party Central Committee, the National Assembly and the Government at present. Thus, the Central Committee, the National Assembly and the Government focus on the role of controlling, creating, strengthening the perfection of environmental institutions and clarifying responsibilities, results in cutting and simplifying administrative procedures; reducing asking - giving, reducing your rights, my rights, reducing pushing and avoiding” - Mr. Dung said.

14th working day, 8th session, 15th National Assembly

On November 6, the National Assembly continued its 14th working day, the 8th Session, the 15th National Assembly at the National Assembly House under the chairmanship of National Assembly Chairman Tran Thanh Man.

Morning: Under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly held a plenary session in the hall to discuss the draft Law on Public Investment (amended). At the discussion session, delegates basically agreed on the necessity of amending the Law on Public Investment, highly appreciating the process of preparing the draft Law dossier. In order to continue perfecting the draft Law, delegates focused on discussing the following contents: Scope of regulation; subjects of application; basis for making medium-term and annual public investment plans; principles of public investment management... At the end of the discussion session, Minister of Planning and Investment Nguyen Chi Dung spoke to explain and clarify a number of issues of interest to National Assembly delegates.

Afternoon: Under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly held a plenary session to discuss the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the form of public-private partnership and the Law on Bidding. At the discussion session, delegates basically agreed on the necessity of amending and supplementing the laws under the draft Law to resolve difficulties and obstacles in practical implementation, contributing to improving the quality of the investment and business environment. In addition, delegates focused on discussing contents related to the Law on Planning; Law on Investment; Law on Investment under the form of public-private partnership (PPP); Law on Bidding... At the end of the discussion session, Minister of Planning and Investment Nguyen Chi Dung spoke to explain and clarify a number of issues of interest to National Assembly delegates.

Source: https://daidoanket.vn/phan-cap-phan-quyen-de-giam-quyen-anh-quyen-toi-10293955.html