Kinhtedothi - The Law on Organization of Local Government in 2025 is expected to create a legal corridor, remove "bottlenecks" in institutions and policies, in order to immediately implement the Party's guiding viewpoints on promoting decentralization and delegation of power between the Central and local levels, between local governments...
Delegation of authority, decentralization, delegation, authorization
The Law on Organization of Local Government 2025 stipulates 1 chapter on the division of authority, decentralization, delegation, and authorization between local governments at all levels with the following new points:
The Law on Organization of Local Government 2025 was passed by the 15th National Assembly at the 9th Extraordinary Session; effective from March 1, 2025. The Law consists of 7 chapters and 50 articles, 1 chapter and 93 articles less than the Law on Organization of Local Government 2015, amended and supplemented in 2019.
The Law on Organization of Local Government in 2025 is expected to create a legal corridor to handle practical issues, remove institutional and policy "bottlenecks" in order to immediately implement the Party's guiding viewpoints on promoting decentralization and delegation of power between the Central and local levels, between local government levels, promoting local initiative and creativity according to the motto "locality decides, locality does, locality takes responsibility"; "whichever level solves the problem more effectively, assign tasks and authority to that level".
(1) Regarding the principle of delimitation of authority (Article 11): The Law stipulates 7 principles of delimitation of authority (Clause 2, Article 11), including new contents such as: (i) Clearly defining the content and scope of tasks and powers that local authorities are allowed to decide, organize implementation and be responsible for the results; (ii) Ensuring no duplication or overlap of tasks and powers between agencies and between local authorities at all levels; (iii) Consistent with the capacity and conditions for performing tasks of local authorities at all levels; agencies, organizations and individuals assigned to perform tasks and powers of superior state agencies are guaranteed the necessary conditions to perform tasks and powers; (iv) Ensuring control of power; responsibility for supervision and inspection of superior state agencies; (v) Meeting local governance requirements; application of science and technology, innovation and digital transformation, etc. At the same time, to encourage the proactive and creative spirit of localities, the Law supplements the provision that "Local authorities shall proactively propose to competent authorities on decentralization and delegation of authority to competent agencies, organizations and individuals in the locality to perform tasks and powers in accordance with the capacity and practical conditions of the locality" (Clause 3, Article 11).
(2) Regarding decentralization (Article 12): The Law clearly stipulates the requirements and conditions for decentralization such as: (i) Decentralization to local authorities at all levels must be stipulated in laws and resolutions of the National Assembly; (ii) Local authorities are autonomous in making decisions, organizing implementation and taking responsibility within the scope of their delegated tasks and powers; (iii) State agencies at higher levels, within the scope of their tasks and powers, are responsible for examining, inspecting and supervising the constitutionality and legality of local authorities at all levels performing their delegated tasks and powers.
(3) Regarding decentralization (Article 13): The Law stipulates a number of new points such as: (i) Clearly defining the decentralizing subject and the decentralizing recipient; (ii) Stipulating the responsibility of the decentralizing agency in ensuring conditions for implementing decentralization; (iii) The decentralizing agency is responsible before the law and before the decentralizing agency for the results of performing the decentralized tasks and powers; (iv) Not to continue decentralizing the tasks and powers that it has received; (v) Stipulating the adjustment of administrative procedures in case of implementing decentralization.
(4) Regarding authorization (Article 14): Compared with the 2015 Law, the Law has the following new points: (i) Clarifying and expanding the scope of the authorizing subject and the authorized subject; (ii) Clearly stipulating the requirements of authorization (authorization must be in writing by the authorizing agency; the document must clearly specify the content, scope, and duration of authorization); (iii) Clearly stipulating the responsibilities of agencies in authorizing and performing authorized tasks; (iv) Stipulating the use of seals and forms of documents when performing authorized tasks, and adjusting administrative procedures in cases of authorization.
"Clear people, clear work, clear responsibilities"
Implementing the principle of "clear people, clear work, clear responsibilities" and avoiding overlapping regulations and duplication of tasks and powers between local government levels and between local government agencies, the Law specifically stipulates the tasks and powers of the People's Council and the People's Committee in each administrative unit in the following directions: (1) Defining tasks and powers between local government levels and between the People's Council and the People's Committee at the same level; (ii) Defining tasks and powers of the People's Committee collective and the individual Chairman of the People's Committee where the local government level is organized in the direction of increasing tasks, powers and responsibilities for the individual Chairman of the People's Committee; (iii) Defining tasks and powers in a general direction, focusing on the areas of finance and budget, organizational apparatus, payroll, inspection and supervision activities... ensuring compliance with the principles of delimitation of powers in Article 11 of the Law and ensuring the long-term stability of the law.
The Law on Organization of Local Government 2025 stipulates in the following direction: (1) Maintain the content on the organizational structure of the People's Council but combine it into 1 article (the 2015 Law includes each article separately for each type of administrative unit); (2) Generalize the activities of the People's Council, the Standing Committee of the People's Council, the tasks and powers of the People's Council Delegates (detailed contents on convening, chairing meetings, guests, documents, providing information on the People's Council sessions, organization and activities of committees, groups of People's Council delegates, etc. will be guided in the Model Operating Regulations); (3) Amend and supplement a number of regulations to resolve difficulties and obstacles in the practical implementation of the law such as: not stipulating that the Chairman of the People's Committee at the beginning of the term is a People's Council delegate; supplement regulations on cases where the Chairman of the People's Council or the Standing Committee of the People's Council is vacant; supplement regulations on temporary suspension of the position of Vice Chairman of the People's Council, Head and Deputy Committee of the People's Council, etc.
The Law on Organization of Local Government 2025 stipulates in the direction of: (1) Generalizing the organizational structure of the People's Committee, including the Chairman, Vice Chairmen and members; assigning the Government to specify; (2) Generalizing the contents and activities of the People's Committee (detailed contents on convening, chairing meetings, guests, documents, providing information about People's Committee meetings, responsibilities of Vice Chairmen and members of the People's Committee, etc. will be guided in the Model Operating Regulations); (3) Clearly defining the contents that the People's Committee must discuss and decide on, the contents that the People's Committee can authorize the Chairman of the People's Committee to decide.
Establishment, dissolution, division and merger of administrative units, adjustment of boundaries and renaming of administrative units
The Law on Organization of Local Government 2025 has changed the name and order of Chapter II on organization of administrative units, establishment, dissolution, merger and division of administrative units, adjustment of boundaries and renaming of administrative units to ensure compliance with the 2013 Constitution. The Law has stipulated a number of principles for organizing administrative units, conditions for establishment, dissolution, merger and division of administrative units, and adjustment of administrative unit boundaries.
Compared with the 2015 Law, the Law has provided general regulations on the order and procedures for establishing, dissolving, merging, dividing, and adjusting administrative unit boundaries and assigned the Government to provide specific regulations on the development, consultation of voters, survey, and appraisal of projects on establishing, dissolving, merging, dividing, and adjusting administrative unit boundaries, ensuring flexibility and meeting practical requirements.
Inheriting the provisions of the 2015 Law, the 2025 Law on Organization of Local Government continues to stipulate that "The provisions on the tasks and powers of local governments and local government agencies in legal documents must comply with the provisions of this Law, ensuring that state power is effectively controlled" (Article 11).
However, in the context of the legal system having many problems and not ensuring consistency with the principles of this Law, the Law has stipulated transitional provisions in the following direction: (i) For specialized laws that are not consistent with the principles of decentralization, decentralization, and delegation of authority in this Law, within 02 years from the effective date of this Law, they must be reviewed and amended and supplemented accordingly; (ii) In order to promptly promote decentralization and delegation to local authorities in a number of priority and urgent areas, the Government is assigned to promulgate legal documents under its authority to redefine the tasks and powers of local authorities and adjust other regulations related to the implementation of tasks and powers of local authorities for unified application during the period when laws, ordinances, and resolutions of the National Assembly and the National Assembly Standing Committee have not been amended or supplemented, and periodically report to the National Assembly Standing Committee; In cases related to laws and resolutions of the National Assembly, report to the National Assembly at the nearest session.
Source: https://kinhtedothi.vn/thao-go-diem-nghen-the-che-day-manh-phan-cap-phan-quyen.html
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