Review and complete regulations on decentralization, delegation of authority, and authorization.

Giving opinions on the draft Law on Government Organization (amended), the majority of delegates agreed with the necessity and viewpoint of comprehensively amending the current law; at the same time, they proposed reviewing and perfecting regulations on decentralization, delegation, and authorization to create initiative, promote the spirit of autonomy and self-responsibility of agencies, units, and localities, associated with enhancing the accountability of leaders.

On the morning of February 14, continuing the 9th extraordinary session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly gave opinions on the draft Law on Government Organization (amended).

Participating in the discussion, regarding decentralization, delegate Tran Van Khai (Ha Nam delegation) suggested that it is necessary to study and supplement the principle of "conditional decentralization", only decentralizing when the locality has sufficient financial, human and administrative capacity.

At the same time, build an index to assess the governance capacity of each locality before decentralization; strengthen central supervision through the establishment of a Decentralization Control Council to closely monitor implementation.

Delegate Tran Van Khai (Ha Nam delegation) gives comments on the draft Law. (Photo: DUY LINH)

Regarding decentralization, delegates proposed to add a mechanism for "appraising the effectiveness of decentralization", which clearly stipulates which tasks require annual assessment reports; decentralization decisions must be periodically monitored by the National Assembly.

In addition, it is necessary to apply the principle of "flexible decentralization". For localities that do not have enough capacity, there should be strict control sanctions instead of delegating all authority.

“Decentralization, delegation, and authorization are inevitable trends, but strict control mechanisms are needed. Adding regulations on monitoring and evaluating local capacity and accountability is an important factor to avoid overlap...”, the delegate from Ha Nam emphasized.

Also interested in the content of decentralization, delegate Thach Phuoc Binh (Tra Vinh delegation) said that Clause 6 stipulates that local authorities can propose decentralization when they have sufficient conditions and capacity, but does not clearly define criteria for assessing capacity and necessary conditions. Clause 5 stipulates that local authorities can proactively coordinate intra-regional and inter-regional linkages, but does not clarify the coordination mechanism, leading to the risk of lack of unity among localities. Clause 2 requires publicity and transparency, but there is no independent monitoring mechanism to ensure that the implementation of decentralization is not abused or causes inequality among localities.

Delegate Thach Phuoc Binh (Tra Vinh delegation) expressed his opinion. (Photo: DUY LINH)

Therefore, the delegate proposed to add criteria for assessing decentralization conditions by amending Clause 6 to: "Local authorities are allowed to propose to competent authorities to consider and decide on decentralization to localities when they have sufficient conditions in terms of human resources, finance, facilities, management experience and meet the criteria prescribed by the Government".

At the same time, supplement the inter-regional coordination mechanism by amending Clause 5 to: "Local authorities proactively coordinate intra-regional and inter-regional linkages in socio-economic development within the scope of decentralization on the basis of regional planning, with the supervision and coordination of the Government".

Expressing concern that it is extremely difficult to organize and implement these decentralization contents smoothly and thoroughly, delegate Tran Quoc Tuan (Tra Vinh delegation) proposed that it is necessary to add content to Article 18 of the Draft Law on Responsibilities of Ministers and Heads of ministerial-level agencies as members of the Government, submit to competent authorities for consideration and decision on decentralization to localities when there are sufficient conditions and necessary capacity, and at the same time, it is necessary to add regulations to closely monitor this content.

"Only then can decentralization be truly effective and bottlenecks be removed, resources... be best released to serve the country's socio-economic development," the delegate stated.

In her explanatory speech, Minister of Home Affairs Pham Thi Thanh Tra clarified a number of issues raised by National Assembly deputies related to regulations on the principles of delimitation of authority; on decentralization, delegation, and authorization; on tasks, powers, and responsibilities of the Government, Prime Minister, Ministers, and Heads of ministerial-level agencies;...

Minister of Home Affairs Pham Thi Thanh Tra. (Photo: DUY LINH)

“Before the National Assembly deputies vote, we will closely coordinate with the National Assembly's Law Committee to fully absorb and explain the deputies' opinions. The Law on Government Organization is the original law of the Vietnamese State administration and the amendment of this law is being carried out at a historic moment," the Minister emphasized.

The Minister stated that the core and fundamental issue in this amendment is to perfect the principles of decentralization, delegation of power, and authorization according to the Constitution and the Party's policies in order to create initiative, creativity, promote the spirit of autonomy, self-responsibility, dynamism and creativity of state administrative agencies, especially local authorities; create a legal corridor to handle practical issues, remove institutional "bottlenecks" and unblock resources.

According to the Minister of Home Affairs, the draft Law stipulates a very important provision: Ministers and heads of ministerial-level agencies must base on the principles to implement the provisions on decentralization, delegation and authorization when drafting legal documents.

The Minister affirmed that this is a very new issue, placed in the special context of the country and if not done so, it will be impossible to remove the biggest difficulties, obstacles and barriers to bring the country into a new era, the era of national growth.

“We take people as the center, as the goal, as the independent subject of development; respect and protect human rights and civil rights because this is the goal of the institution, of the regime when everything is for the people, for human development,” Minister Pham Thi Thanh Tra clearly stated.

NDO

Source: https://baohanam.com.vn/chinh-tri/nguoi-dai-bieu-nhan-dan/ra-soat-hoan-thien-quy-dinh-ve-phan-cap-phan-quyen-uy-quyen-147872.html