According to the Law on Government Organization (amended) that has just been passed, in cases of real necessity for the national interest, prevention and control of natural disasters, epidemics... the Prime Minister is allowed to decide to apply other urgent measures prescribed by law.
On the morning of February 18, with 463/465 National Assembly deputies voting in favor (accounting for 96.86% of the total number of National Assembly deputies), the National Assembly passed the Law on Government Organization (amended).
The amended Law on Government Organization consists of 5 chapters and 32 articles and will take effect from March 1, 2025.
Delegates pressed the button to pass the Law on Government Organization (amended).
Previously, presenting the report on the explanation and acceptance, Member of the National Assembly Standing Committee Hoang Thanh Tung said that after receiving the opinions of National Assembly deputies on ensuring the consistency of the draft law with the legal system and ensuring that decentralization and delegation of power must be associated with power control and anti-abuse of power, the Committee added a number of new mechanisms and policies to the draft.
Accordingly, the Standing Committee of the National Assembly proposed that the National Assembly add a principle in which: "The decentralizing agency or person is responsible for ensuring the necessary conditions when deciding on decentralization, except in cases where the decentralized agency, organization, unit or person requests and self-guarantees the conditions for performing the decentralized tasks and powers."
At the same time, in case decentralization leads to the need to change the order, procedures, and authority to perform the tasks and powers that are being decentralized and are currently prescribed in the legal documents of one's level, it must be immediately amended, supplemented, or assigned to the lower level for regulation.
In cases related to regulations of superior state agencies, the decentralizing agency or person may adjust the procedures, processes, and authority of relevant agencies to perform those tasks and powers, ensuring administrative reform requirements in the direction of reducing administrative procedures, not prescribing additional components of the dossier, not increasing requirements, conditions, and time for handling currently applied procedures.
Then, the decentralizing agency or person is responsible for reporting back to the superior state agency on the implementation of adjustments to the order, procedures, and authority in the legal documents of that superior state agency.
This provision also applies to delegation.
With 463/465 National Assembly deputies voting in favor (accounting for 96.86% of the total number of National Assembly deputies), the National Assembly passed the Law on Government Organization (amended).
The Committee also proposed to supplement regulations on the tasks and powers of the Government.
Specifically, based on the approval 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, and then report to the National Assembly at the nearest session.
Regarding the authority of the Prime Minister, the National Assembly Standing Committee added: 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.
Mr. Hoang Thanh Tung said that the above mechanisms and policies were added to strongly innovate the mechanism of determining authority, decentralization, and authorization to implement the Party's policy on promoting decentralization, delegation of authority, and enhancing the responsibility of leaders.
In addition, it is necessary to promote the proactiveness, creativity, daring to think, daring to do, daring to take responsibility of agencies in the state apparatus, promptly remove institutional and administrative procedure 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, while ensuring consistency with the content of reception and adjustment in the draft Law on Organization of Local Government (amended).
In addition, according to Mr. Tung, there are opinions of delegates suggesting to add some regulations such as having a monitoring mechanism of the Prime Minister for the Minister, in case the Minister fails to fulfill his 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; Accountability of local authorities when exercising the right to decentralize and delegate power...
The Standing Committee of the National Assembly completes, supplements and perfects the principles of decentralization and delegation of power.
Specifically, decentralization and delegation must ensure clear subjects, contents, scope of tasks, powers, publicity, transparency, accountability, supervision, inspection, examination, and control of power according to the provisions of the Constitution and laws.
Regarding the Prime Minister's authority over Ministers who fail to fulfill their duties, in addition to the supervision mechanism through the National Assembly's vote of confidence, the Standing Committee found that the draft Law has provisions on the responsibility of Ministers and Heads of ministerial-level agencies "to be personally responsible to the Prime Minister, the Government and the National Assembly for the sectors and fields assigned to them for management" in submitting to the National Assembly for approval proposals for appointment, dismissal and removal of Deputy Prime Ministers, Ministers and Heads of ministerial-level agencies.
During the time the National Assembly is not in session, submit to the President a decision to temporarily suspend the work of Deputy Prime Ministers, Ministers and Heads of ministerial-level agencies, to ensure control of power over these positions.
Source: https://www.baogiaothong.vn/thu-tuong-duoc-quyet-dinh-bien-phap-cap-bach-khac-quy-dinh-cua-luat-khi-that-can-thiet-192250218091119616.htm
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