Improve the capacity, professionalism and efficiency of the People's Council
Commenting on the Draft Law on the Capital (amended), lawyers commented that this Draft Law has stipulated a number of specific powers for the People's Council and People's Committee of Hanoi City, ensuring proactive and flexible rights for the People's Council and People's Committee administration; ensuring effectiveness and efficiency; ensuring new urban governance with specialized functions and tasks.
“Organization of urban government” is stipulated in Chapter II of the Draft Law on the Capital (amended). According to Article 9 on the Hanoi People's Council, Hanoi City elects 125 People's Council delegates, of which at least 25% of the total number of delegates work full-time.
“The Hanoi Bar Association contributed opinions to the Draft Law on the Capital (amended) this time, emphasizing more points related to the chapter “Organization of urban government”, which is the issue of human resource development, talent, and talent selection; it is necessary to have more specific and clear regulations and more specific and clear policies” - Chairman of the Hanoi Bar Association Nguyen Hong Tuyen .
According to lawyers, the draft Law stipulates increasing the number of City People's Council delegates from 95 to 125 delegates; increasing the proportion of full-time People's Council delegates to at least 25% - this is considered a necessary solution to improve the capacity, professionalism and efficiency of the People's Council's operations.
However, Vice President of the Tay Ho District Lawyers Association Pham Thi Thanh Giang suggested that it is necessary to clarify and specify the structure and priorities of Hanoi in order to finalize and propose the number of 125 delegates to the Hanoi People's Council in the draft Law.
Commenting on the number of City People's Council delegates, according to lawyer Vu Dinh Tho - Head of the Giang Vo Ward Lawyers Association (Ba Dinh District), Clause 1, Article 9 of the draft Law stipulates that "Hanoi City is allowed to elect 125 City People's Council delegates" (according to the provisions of the Law on Organization of Local Government and the current reality, the number of Hanoi City People's Council delegates is 95). It can be seen that this number is quite low compared to the national average.
Currently, the population of the capital continues to increase from both sources: natural increase and mechanical increase. Moreover, the forecast of Hanoi's population is higher than the planned one (the adjusted plan to 2030 is about 11 million people and to 2050 is about 14 million people). Thus, it can be seen that the ratio between the number of People's Council delegates and the capital's population is unbalanced; the rapid increase in the capital's population also leads to many complicated problems.
"Therefore, to ensure the effectiveness of local management, it is necessary to review and adjust the number of People's Council delegates to suit the reality of Hanoi City," lawyer Vu Dinh Tho proposed.
Have more specific policies in attracting and selecting talented people.
Commenting on the Draft Law on the Capital (amended), Chairman of the Hanoi Bar Association Nguyen Hong Tuyen commented that Chapter II “Organization of urban government” is a new chapter in the Draft Law on the Capital (amended) and in this chapter, the regulations are very complete and detailed, and can decentralize and delegate power to the urban government of Hanoi as well as districts, towns, communes, wards and townships. The newest point is to increase the number of delegates to the City People's Council and increase the number of full-time delegates of the City People's Council.
At the same time, it is clearly defined that local authorities at the district level shall perform the functions and tasks prescribed by the Law on Organization of Local Government and add a new point, which is to add decentralization and delegation of power to urban authorities of districts, towns and cities under Hanoi as well as local authorities of wards and towns.
With the specific provisions in the Draft Law on the Capital (amended) this time, it is certain that after the Law comes into effect, the authorities of districts, towns and the authorities of Hanoi as well as communes, wards and towns will have increased authority in the process of implementing tasks and developing local socio-economy.
For the staff of local government at all levels in Hanoi, in the process of applying the law without having to go through intermediate stages that have been decentralized and delegated, the local socio-economic development will certainly be faster, in accordance with the characteristics of the local situation.
The Hanoi Bar Association contributed opinions to the Draft Law on the Capital (amended) this time, emphasizing more points related to the chapter "Organization of urban government", which is the issue of human resource development, talent, and talent selection; it is necessary to have more specific and clear regulations and more specific and clear policies. At the same time, in addition to the salary level of 100% as prescribed in the draft Law, it is also necessary to stipulate additional increases for cadres, civil servants, public employees, and workers of the Capital.
“The Law has assigned the People's Council to stipulate details, however, I think it would be more appropriate to stipulate it in the Law. Ho Chi Minh City is applying a two-fold increase, why doesn't Hanoi also stipulate in the Capital Law that the salary for cadres, civil servants, public employees, and workers in the Capital also double? This will ensure the rights of cadres, civil servants, public employees, and workers in the Capital” - Chairman of the Hanoi Bar Association Nguyen Hong Tuyen proposed.
In addition, according to jurists, regarding the administrative unit of the city under the city, according to Article 11 and Article 12 of the draft Law on the Capital, the organizational structure, tasks, and powers of districts, towns, and cities under the city are completely the same. However, it is necessary to clarify whether the city under the city, towns, and districts are at the same administrative level as the district level?
“Regarding preferential policies for public transport development, although it has been identified that public transport has become an orientation in Hanoi's urban transport planning, at present, preferential policies for investors, as well as incentives to motivate and promote the implementation of public transport through legal regulations, are not yet clear.
In fact, public transport projects are often large-scale, with investment capital of up to billions of USD, not only involving a few businesses but also needing to create a mechanism to attract small and medium-sized investors to participate..." - Lawyer Vu Dinh Tho - Head of the Giang Vo Ward Lawyers Association (Ba Dinh District) .
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