(kontumtv.vn) – Recently, at the first meeting of the Steering Committee on the implementation of the arrangement and reorganization of administrative units at all levels and the construction of a 2-level local government organization model, Minister of Home Affairs Pham Thi Thanh Tra, Deputy Head of the Standing Committee of the Steering Committee, said that although the Law on Organization of Local Government has just been amended (at the 9th Extraordinary Session, effective from March 1, 2025), in order to implement the Party's policy on streamlining the organization and apparatus of the political system (no district-level organization, implementation of a 2-level local government model), this Law will continue to be amended.
Create a legal corridor for the apparatus to operate according to the 2-level local government model.
According to Minister Pham Thi Thanh Tra, in the Project on rearranging and reorganizing administrative units at all levels and building a 2-level local government organization model, the Ministry of Home Affairs has clearly demonstrated the functions, tasks, and authority of the provincial and grassroots levels, the organizational apparatus, and staffing at each level. After receiving comments from the Politburo, the Ministry of Home Affairs will integrate the principled issues in the revised Law on Organization of Local Government and transitional contents to resolve related problems; delimit authority, and deploy tasks so that when the new administrative organization comes into operation, it ensures a full legal basis and no gaps...
Implementing the Party's policy on streamlining the organization and apparatus, the Party Committee of the National Assembly is directing the amendment and supplementation of a number of articles of the 2013 Constitution with the scope of issues on the organization of the apparatus of the political system, including amending and supplementing a number of articles of Chapter IX regulating local government, it is expected that there will be no administrative units at the district level, local government will only be organized into 2 levels (including provincial level and sub-provincial level). After the National Assembly considers and approves the Resolution amending and supplementing a number of articles of the 2013 Constitution, it will promptly amend and supplement the current Law on Organization of Local Government to ensure consistency with the provisions of the 2013 Constitution (after amendment and supplementation) on local government.
The Law on Organization of Local Government 2025 has been comprehensively amended and supplemented to clearly define authority, promote decentralization, delegation of authority between central and local state agencies; between local government levels and overcome shortcomings, problems and limitations in the implementation of the Law on Organization of Local Government 2015. However, the provisions on administrative units and local government organization models in the current Law on Organization of Local Government are designed at 3 levels (including: provincial level, district level and commune level).
Meanwhile, Conclusion No. 126-KL/TW of the Politburo and the Secretariat requires research on the orientation to continue to reorganize and eliminate the intermediate administrative level (district level), develop a plan to continue to reorganize the commune level in accordance with the new organizational model, and orientate the merger of a number of provincial-level administrative units. In particular, in Conclusion No. 127-KT/TW, the Politburo and the Secretariat clearly stated that research on the orientation to merge a number of provincial-level units, not organize the district level, merge a number of commune-level units, implement a 2-level local model (party, government, and mass organizations) to ensure streamlining, efficiency, effectiveness, and efficiency"; "...research and propose amendments and supplements to the Law on Organization of Local Government... and complete the amendments and supplements to the law no later than June 30, 2025".
For the above reasons, it is urgent to amend and supplement the provisions of the Law on Organization of Local Government, in order to create a legal corridor for agencies and organizations in the state apparatus to operate according to the 2-level local government model, ensuring streamlining, compactness, strength, efficiency, effectiveness, and efficiency, meeting the country's new development requirements.
Merging provinces to expand development space
In addition to inheriting the relevant provisions of the current Law on Organization of Local Government, the Ministry of Home Affairs said that the draft Law focuses on amending the provisions related to the organization of administrative units and the 2-level local government model. The draft Law amends and supplements the provisions on the organization of administrative units and the 2-level local government model (including: provincial and grassroots levels, not organized at the district level) in accordance with urban, rural, island areas, and special economic administrative units.
In which, the provincial level remains as per current regulations (including: provinces, centrally-run cities), but merges some provincial-level administrative units to ensure compliance with prescribed standards, and at the same time to expand development space. Reorganize current commune-level administrative units to form grassroots-level administrative units (including: communes, wards and special zones on islands; abolish towns) with natural areas and population sizes reaching 300% or more of commune-level standards according to current regulations. Special economic-administrative units remain as per current regulations and are established by decision of the National Assembly.
The draft Law stipulates that local governments at provincial and grassroots levels both organize People's Councils and People's Committees. People's Councils operate under a collective regime, making decisions by majority; People's Committees operate under a collective regime, combined with promoting the responsibility of the People's Committee Chairman.
To ensure that the operations of local governments when converting the government model from 3 levels to 2 levels take place continuously, smoothly, without interruption of work, without overlapping, duplication or omission of tasks, fields, areas, without affecting the tasks of socio-economic development, normal activities of society, people, businesses, ensuring national defense, security, social order and safety in the area, the draft Law stipulates transitional contents related to a number of important and urgent issues that need to be prioritized for resolution.
In which, it is stipulated that within 2 years from the effective date of the Law (from July 1, 2025), the Government shall issue 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, it shall report to the National Assembly at the nearest session.
The draft Law stipulates the termination of the organization of the urban government model currently being implemented in Hanoi, Da Nang, Hai Phong, and Ho Chi Minh City. It stipulates the deadline for district-level local government agencies to hand over work, records, documents, finances, budgets, headquarters, assets, and other related facilities to competent agencies, organizations, and units (15 days). It stipulates the validity and authority to handle documents of district-level local governments (after dissolution).
In addition, the draft Law stipulates the continued implementation of works, investment projects, work, and the settlement of administrative procedures of district-level local authorities that have not been completed or have been completed but have arisen issues that need to be resolved; stipulates the assignment to the provincial People's Committee of the authority to change the order, procedures, and authority to perform the tasks and powers of provincial and grassroots local authorities; and a number of other relevant provisions to ensure the continuous and normal operation of new agencies, organizations, and units when implementing the 2-level local government model.
Source: https://kontumtv.vn/tin-tuc/tin-trong-nuoc/to-chuc-chinh-quyen-dia-phuong-2-cap-sap-nhap-tinh-de-mo-rong-khong-giant-phat-trien
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