In cases of real necessity for the national interest, to prevent and combat natural disasters and epidemics, to ensure people's lives and property, the Prime Minister shall decide to apply other urgent measures prescribed by current laws.
On the morning of February 18, 2025, the National Assembly passed the amended Law on Government Organization with 463/465 delegates in favor (accounting for 96.86% of the total number of National Assembly delegates).
The Prime Minister does not decide on matters within the authority and responsibility of the minister .
Explaining, receiving and revising the draft Law on Government Organization (amended) before the National Assembly passed it, Chairman of the Law Committee Hoang Thanh Tung said that, receiving the opinions of the delegates, this amended law has added a number of new mechanisms and policies to strongly innovate the mechanism of determining authority, decentralization and authorization.
This is to implement the Party's policy of promoting decentralization, delegation of power, enhancing the responsibility of leaders, promoting the proactiveness, creativity, daring to think, daring to do, daring to take responsibility of agencies in the state apparatus. From there, promptly remove institutional and administrative bottlenecks, unblock resources for development, proactively respond to changes in the domestic and international situation, for the common growth and development goals of the country.
Chairman of the Law Committee Hoang Thanh Tung explains, accepts and revises the draft Law on Government Organization (amended). Photo: National Assembly
One of the notable contents of this law is the provisions on the tasks and powers of the Government. Accordingly, Point h, Clause 8, Article 10 of the law stipulates: “Based on the consent of competent authorities, the Government shall report to the National Assembly Standing Committee for permission to implement solutions different from the provisions of current laws, resolutions and ordinances in cases where it is necessary to mobilize resources to implement national target programs and important national projects, then report to the National Assembly at the nearest session”.
Another notable point is that the law adds to point e, clause 4, Article 13, regulations on the authority of the Prime Minister: "In cases of real necessity for the national interest, prevention and control of natural disasters and epidemics, and to ensure the lives and property of the people, the Prime Minister shall decide to apply other urgent measures prescribed by current laws, and report to the competent agencies of the Party and the National Assembly as soon as possible."
Regarding the regulation on the principle of dividing authority (Article 6), Mr. Tung said that there were opinions suggesting considering the regulation to ensure the principle that "the Prime Minister does not decide on specific issues under the authority of ministers and heads of ministerial-level agencies" as a member of the Government for the assigned sectors and fields of management because it is not clear and not consistent with the regulation on the Prime Minister "deciding on issues when there are different opinions among ministers and heads of ministerial-level agencies".
There is also another opinion suggesting to study and add to Article 6 the content: "In case of necessity, the Government and the Prime Minister shall direct and manage the settlement of issues under the authority of subordinates to ensure timeliness, flexibility and effectiveness in organizing law enforcement, meeting practical requirements".
The National Assembly Standing Committee accepts and revises this content to be clear and comprehensive in defining the authority of the Prime Minister and ministers, heads of ministerial-level agencies as assigned by the Government and to meet practical management requirements.
Accordingly, the law stipulates: “The Prime Minister is the head of the Government; leads the work of the Government and is responsible to the National Assembly for the activities of the Government and assigned tasks; does not decide on issues within the authority and responsibility of ministers and heads of ministerial-level agencies for sectors and fields as assigned by the Government. If necessary, the Government and the Prime Minister direct and manage the settlement of issues within the duties and powers of ministers, heads of ministerial-level agencies and local authorities.”
Regarding the proposal to supplement the Prime Minister's supervisory mechanism for ministers, in case a minister fails to fulfill his/her duties, the Prime Minister has the right to propose to the National Assembly to vote for confidence or take measures to rectify the activities of that ministry.
The National Assembly Standing Committee said that in addition to the supervision mechanism through the National Assembly's vote of confidence, the draft law stipulates the responsibility of ministers and heads of ministerial-level agencies: "Be personally responsible to the Prime Minister, the Government and the National Assembly for the sectors and fields assigned to them for management."
In addition, the law also stipulates the authority of the Prime Minister in "submitting to the National Assembly for approval proposals to appoint, dismiss, or remove deputy prime ministers, ministers, and heads of ministerial-level agencies. During the time the National Assembly is not in session, submit to the President for decision to temporarily suspend the work of deputy prime ministers, ministers, and heads of ministerial-level agencies.
The provisions of the law are intended to ensure control of power over these positions.
"The level that does it well and effectively should be assigned directly to that level."
A core issue of this law is about decentralization, delegation, and authorization. This law has been designed in line with the provisions of the draft Law on Organization of Local Government (amended) on decentralization.
It clearly identifies the agencies, organizations, and individuals receiving the rights stipulated in laws and resolutions of the National Assembly. For issues that have been delegated to local authorities according to the decentralization principle stipulated in the Law on Organization of Local Government, local authorities shall proactively decide, organize implementation, and be responsible for the delegated tasks and powers.
Regarding decentralization, the National Assembly Standing Committee has directed a review to ensure consistency, unity and clear identification of the decentralizing subjects, the subjects receiving decentralization and the responsibilities of these subjects; and methods of implementing decentralization.
On the basis of the decentralization principle in this law, when implementing decentralization and delegation, specialized legal documents will specifically define issues that are not decentralized.
Regarding authorization, the contents of the law have been designed in line with the provisions of the draft Law on Organization of Local Government (amended). Specifically, clearly defining the authorizing subject, the authorized subject and the responsibilities of these subjects; the method, content, scope, duration of authorization and the principle conditions in implementing authorization.
Regarding the request to clarify whether subordinates have the right to refuse if they receive a task of decentralization, delegation, or authorization but find that they are not qualified to perform it.
According to the National Assembly Standing Committee, the mechanism for refusing to accept decentralization and authorization is stated in Clause 5, Article 8 and Clause 6, Article 9, ensuring harmony between the principle of performing public duties in Clause 2, Article 5 "ensuring the principle that lower-level agencies submit to the leadership, direction and strictly comply with the decisions of higher-level agencies" and the fact that agencies, organizations and persons receiving decentralization and authorization are proactive in giving opinions and proposing adjustments to the content of decentralization and authorization when the implementation conditions are not guaranteed.
This law also reflects the Party's policy of promoting decentralization and delegation of power, "whichever level does well and effectively will be directly assigned to that level".
The Law on Government Organization is the original law, the general law on decentralization and delegation, so it only regulates general issues of principle. Specific decentralization contents and conditions for decentralization in each management field should be specifically regulated by specialized laws to ensure flexibility, suitability with the industry, field and development practices in each stage.
The amended Law on Government Organization consists of 5 chapters and 32 articles and will take effect from March 1, 2025.
Source: https://moha.gov.vn/tintuc/Pages/danh-sach-tin-noi-bat.aspx?ItemID=56886
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