The Capital Law (amended) strongly decentralizes power to Hanoi City
At the conference, Vice Chairman of Hanoi People's Council Pham Qui Tien introduced new points and key contents of the Capital Law and the Laws and Resolutions passed by the National Assembly at the 7th Session of the 15th National Assembly.
Accordingly, at the 7th Session (May 2024), the National Assembly passed 11 laws and 21 resolutions; gave initial opinions on 11 draft laws, and reviewed many other important reports. The contents reviewed and decided on covered many areas with many important issues, contributing to building a complete and comprehensive legal system, fundamentally resolving bottlenecks, inadequacies, and problems in practice; creating a driving force to promote economic recovery and development, meeting the requirements and tasks of the country in the new development period.
Of the 11 laws, 1 law will take effect from August 1, 2024; 7 laws and 2 resolutions will take effect from January 1, 2025; 3 laws will take effect from July 1, 2025.
At the 7th Session of the 15th National Assembly, on June 28, 2024, the Capital Law was officially passed by the National Assembly, consisting of 7 Chapters and 54 Articles (an increase of 3 Chapters and 27 Articles compared to the 2012 Capital Law), including key and outstanding contents such as: the government organization in Hanoi is organized in a streamlined, professional, modern direction, operating effectively and efficiently.
The regulations are built in the direction of strong decentralization from the Central Government to the City (regarding investment, construction planning, culture, health, education, science and technology, etc.), innovating the governance model, enhancing the autonomy and self-responsibility of the Capital government for the management and operation of all aspects of the economic and social life of the Capital.
To improve the effectiveness, efficiency and quality of the People's Councils at all levels, ensure the substance and meet the requirements and tasks of the new period, the Law stipulates that the City People's Council is elected with 125 delegates (an increase of 30 delegates compared to the present), of which at least 25% of the total number of delegates are full-time. The full-time Standing Committee of the Hanoi People's Council has no more than 11 members, including the Chairman, no more than 3 Vice Chairmen (an increase of 1 Vice Chairman and 4 permanent members of the City People's Council); the City People's Council Committees are established with no more than 6 committees (a maximum increase of 2 committees compared to this term).
For the People's Council of districts and towns, there are 2 vice chairmen of the People's Council (an increase of 1 vice chairman; the total number of full-time People's Council delegates is not more than 9 people, as decided by the People's Council of districts, towns, and cities under the City. (an increase of 3 people compared to the maximum number prescribed by the Law on Organization of Local Government); no more than 3 committees are established to advise on specific fields (an increase of 1 committee compared to the current Law). The committee may have full-time members, as decided by the People's Council of districts, towns, and cities under the City (currently there is no such regulation).
In particular, the Law on the Capital (amended) strongly decentralizes power to Hanoi City, helping the city government to be more proactive in organizing its apparatus and staffing to effectively undertake its very special role and task as the Capital of the Socialist Republic of Vietnam.
In which, there are some specific provisions such as: The City People's Council is proactive in deciding to establish and dissolve specialized agencies and other administrative organizations under the City People's Committee, determining the number of staff, civil servants and public employees when meeting some conditions prescribed in this Law.
Allow the Standing Committee of the City People's Council to decide on a number of tasks during the time the City People's Council is not in session and report to the City People's Council at the nearest session to ensure flexibility and timeliness in the leadership, direction and operation of the City.
The Law stipulates a separate article on decentralization and authorization of the People's Committee, the Chairman of the People's Committee and other specialized agencies and administrative organizations under the People's Committee. A number of provisions are added to clarify the subjects, objects, and scope of decentralization and authorization compared to the provisions of the Law on Organization of Local Government; the City People's Committee is assigned to regulate the adjustment of procedures, processes, and authority of relevant agencies when performing tasks and powers that are decentralized and authorized (Article 14).
Based on the principled provisions, the Law assigns the Hanoi People's Council to specify the signing of contracts with people who meet professional and technical requirements to take on certain job positions in specialized and shared professional groups, ensuring that they are suitable to the needs and practical conditions of the locality. Regulate policies to attract and employ talented people and develop high-quality human resources.
Looking forward to the Law coming into effect soon
Speaking at the conference, Vice Chairwoman of the People's Council of Bac Tu Liem District Nguyen Thi Thuy said that since the amended Law on the Capital was passed, officials and people of Bac Tu Liem District have been waiting for the law to be implemented and create special features to meet the requirements of special urban management.
The Vice Chairman of the People's Council of Bac Tu Liem District expressed that in order for the law to be effective soon, agencies and units hope that the agencies of the City People's Council will soon have specific regulations to specify the provisions of the law (Clause 6, Article 14; Articles 15, 17, 18, 19). Especially when there is no longer a Ward People's Council, the supervisory function of the Ward People's Council will be performed by the District People's Council.
Meanwhile, Secretary of the District Party Committee and Chairwoman of the Tay Ho District People's Council, Le Thi Thu Hang, said that the district has been aware of its responsibility in the coming time to implement the Capital Law 2024 into life. The Law has an encouraging point in the mechanism to promote decentralization and authorization; at the same time, it also has provisions on the use of land on rivers and dykes (Red River, Duong River).
The Law states about increasing the number of full-time delegates at all levels of the City, District and County People's Councils. The Chairman of the Tay Ho District People's Council proposed: to bring the Law into life, he hopes that the City People's Council will have a direction to advise the City Party Committee to have instructions on implementing the arrangement of cadres, increasing the payroll, job positions as well as orienting personnel to participate in the Party Committee in the next term.
According to the plan of the Standing Committee of the City People's Council on implementing the Law on the Capital, the Standing Committee of the City People's Council plans to organize 2 thematic sessions of the City People's Council to review and decide on detailed regulations and mechanisms and policies to implement the Law on the Capital. It is expected that 1 session will be held from November 2024 and 1 session will be held in May 2025. Of which, for legal normative resolutions, it is expected to review 28 contents at the thematic session in November 2024 and 4 contents at the thematic session in May 2025.
For the 21 contents of the resolution issued to implement the authority assigned in the Law on the Capital, the agencies assigned to preside over the drafting of documents shall proactively develop implementation plans, focus on reviewing and researching proposals for key, essential, and immediately implementable contents for early promulgation, taking effect together with the enforcement of the Law on the Capital.
Source: https://kinhtedothi.vn/som-ban-hanh-cac-noi-dung-trong-tam-de-dua-luat-thu-do-vao-cuoc-song.html
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