Prescribing the duties and powers of the Prime Minister in relation to local authorities

On February 5, right after the opening of the 42nd session, the National Assembly Standing Committee gave opinions on the draft Law on Government Organization (amended).

Reporting at the meeting, Minister of Home Affairs Pham Thi Thanh Tra said that the draft Law on Government Organization (amended) stipulates the position, functions, tasks, powers, organizational structure and responsibilities of the Government; tasks, powers and responsibilities of the Prime Minister and Deputy Prime Ministers; positions and functions of ministries, ministerial-level agencies and agencies under the Government; tasks, powers and responsibilities of Ministers and Heads of ministerial-level agencies; principles of organization and operation, working regime of the Government; working relationship between the Government and relevant agencies in exercising executive power.

The Draft Law consists of 5 chapters and 35 articles. Compared to the current Law, it has 2 fewer chapters and 15 fewer articles.

Based on the content of the 3 proposed policies in the Law Proposal Document, the draft Law specifically states:

Firstly, perfecting the regulations on the tasks and powers of the Government in relation to central state agencies (National Assembly, Supreme People's Court, Supreme People's Procuracy , Vietnam Fatherland Front).

Minister of Home Affairs Pham Thi Thanh Tra reported at the meeting.

Second, perfecting regulations on the tasks and powers of the Government, the Prime Minister, Ministers, Heads of ministerial-level agencies and the relationship between Government agencies.

Third, perfecting regulations on the duties and powers of the Government, the Prime Minister, Ministers, and Heads of ministerial-level agencies in relation to local authorities.

Examining the draft Law, Mr. Hoang Thanh Tung, Chairman of the National Assembly's Law Committee, expressed his opinion that the Standing Committee of the Law Committee agreed with the comprehensive amendment of the Law on Government Organization.

Regarding the principle of delimitation of competence (Article 7), the Standing Committee of the Law Committee agrees with the provisions on the principle of delimitation of competence in Article 7 of the draft Law. In order to handle the contents that still overlap in functions and tasks between the National Assembly, the National Assembly Standing Committee and the Government under the direction of the Politburo, ensuring consistency and synchronization with the provisions of the draft Law on Organization of the Government (amended), the Standing Committee of the Law Committee finds that the draft Law amending and supplementing a number of articles of the Law on Organization of the National Assembly has added provisions on the contents that need to be regulated by law (Clause 1, Article 1 of the draft Law amending and supplementing Article 5 of the current Law on Organization of the National Assembly).

Mr. Hoang Thanh Tung reviewed the draft Law.

Regarding decentralization (Article 8), the Standing Committee of the Law Committee agrees with the content of decentralization in the draft Law to institutionalize the conclusion of the Politburo in Official Dispatch No. 13078-CV/VPTW dated January 14, 2025, creating an important legal basis to "strengthen the autonomy, proactiveness, creativity, and self-responsibility of agencies, units, and localities associated with enhancing the accountability of leaders and strictly controlling power".

The Chairman of the National Assembly's Law Committee requested the drafting agency to continue to study and complete the content of the decentralization principle in Article 8 of the draft Law as follows: Continue to study and complete the provisions on "decentralization" and "authorization" in the draft Law. At the same time, clarify the decentralized subjects and the responsibility mechanism of the decentralized agencies to ensure consistency and unity with the provisions of the draft Law on Organization of Local Government (amended).

The Standing Committee of the Law Committee proposed to supplement the decentralization principle in the direction that when implementing decentralization, it is necessary to ensure synchronization between the decentralization of tasks and powers and the decentralization of administrative procedure settlement, creating favorable conditions for decentralized agencies to be proactive in handling work, promoting administrative procedure reform associated with enhancing the responsibility of agencies and improving the quality and efficiency of service to people and businesses.

Mr. Tung also said that the Standing Committee of the Law Committee proposed to clarify whether the agency receiving the decentralization can further decentralize to local authorities or lower-level state agencies. The Standing Committee of the Law Committee and the agencies participating in the review proposed to consider not to stipulate further decentralization to ensure that decentralization is linked to necessary conditions and resources and clearly define the responsibilities of the decentralized agency, avoiding creating additional intermediaries in the implementation process.

Source: https://daidoanket.vn/quy-dinh-nhiem-vu-quyen-han-cua-thu-tuong-chinh-phu-trong-moi-quan-he-voi-chinh-quyen-dia-phuong-10299332.html