On February 5, at the 42nd Session, the National Assembly Standing Committee gave opinions on the draft Law on Government Organization (amended) and the draft Resolution of the National Assembly on the organizational structure of the Government for the 15th National Assembly term; the draft Resolution of the National Assembly on the structure of the number of Government members for the 15th National Assembly term.
42nd session, National Assembly Standing Committee - Photo: VGP/LS
The Government of the 15th National Assembly term consists of 14 ministries and 3 ministerial-level agencies.
Briefly presenting the Draft Law on Government Organization (amended), Minister of Home Affairs Pham Thi Thanh Tra said that the objective of the draft Law is to amend and supplement the regulations on the principles of organization and operation of the Government; the tasks and powers of the Government, the Prime Minister and members of the Government, creating a legal basis for innovation and reorganization of the State administrative apparatus effectively and efficiently. Promoting decentralization and delegation of power, promoting a creative and developing Government, meeting the requirements of building and perfecting the socialist rule-of-law State of Vietnam.
Accordingly, the draft Law is expected to consist of 5 chapters and 35 articles. Compared to the current Law, there are 2 fewer chapters and 15 fewer articles. The basic contents of the draft Law include: Completing regulations on the tasks and powers of the Government in relation to central state agencies (National Assembly, Supreme People's Court, Supreme People's Procuracy, Vietnam Fatherland Front); completing regulations on the tasks and powers of the Government, Prime Minister, ministers, heads of ministerial-level agencies and the relationship between Government agencies; completing regulations on the tasks and powers of the Government, Prime Minister, ministers, heads of ministerial-level agencies in relation to local authorities.
Regarding the Report on the organizational structure of the Government for the 15th National Assembly, Minister of Home Affairs Pham Thi Thanh Tra emphasized the need for the new apparatus to quickly stabilize and come into operation immediately, without interruption of work, without gaps in time, without leaving vacant areas or fields, and without affecting the normal activities of society and the people. Accordingly, the organizational structure plan of the Government for the 15th National Assembly includes 14 ministries and 3 ministerial-level agencies.
Presenting his review opinion, Chairman of the Law Committee Hoang Thanh Tung stated that the Standing Committee of the Law Committee agreed with the comprehensive amendment of the Law on Government Organization. Basically, the documents in the dossier have ensured full compliance with the provisions of the Law on Promulgation of Legal Documents on dossiers for consideration and approval according to the simplified procedures. The content of the draft Law is consistent with the Party's guidelines and policies and consistent with the policies proposed in the dossier for proposing the Law.
In addition, because the Law on Government Organization is amended at the same time as many related laws such as the Law on Organization of the National Assembly, the Law on Organization of Local Government, the Law on Promulgation of Legal Documents, the Law on Supervision Activities of the National Assembly and People's Councils..., it is recommended that the drafting agency continue to review and compare to ensure policy consistency and the consistency of the legal system.
Chairman of the Law Committee Hoang Thanh Tung also clearly stated his views on a number of major issues of the draft Law such as: Principles of delimitation of authority; decentralization; transitional provisions; tasks and powers of the Government; relationship between the Government and the National Assembly, the National Assembly Standing Committee, and judicial agencies;...
In particular, it is proposed to continue researching and perfecting the regulations on "decentralization" and "authorization" in the draft Law, at the same time, clarifying the decentralized subjects and the responsibility mechanism of the decentralized agencies to ensure consistency and unity with the regulations of the draft Law on Organization of Local Government (amended); it is proposed to clarify whether the agency receiving the decentralization can further decentralize to local governments or lower-level state agencies?
Regarding the draft Resolution of the National Assembly on the organizational structure of the Government for the 15th National Assembly term and the draft Resolution of the National Assembly on the structure of the number of Government members for the 15th National Assembly term, the Standing Committee of the Law Committee approved the options as proposed by the Prime Minister. The dossiers of the 2 draft Resolutions were fully prepared, ensured to comply with legal regulations, and qualified to be submitted to the Standing Committee of the National Assembly for consideration and comments.
Maximum decentralization so that the Government can be proactive, remove obstacles, and develop the country.
At the meeting, opinions agreed to comprehensively amend the Law on Government Organization to promptly institutionalize the Party's policies and guidelines on continuing to innovate the organization and operation of the Government; implement the policy of arranging and streamlining the apparatus of the political system and promoting decentralization and delegation of power; continue to implement the direction of the Party, National Assembly and Government leaders on innovation in thinking in law-making work....
At the same time, delegates focused on giving opinions on a number of key contents related to regulations on principles of authority division; decentralization, delegation; transitional provisions, the relationship between the Government and the National Assembly, the National Assembly Standing Committee, etc.
National Assembly Chairman Tran Thanh Man emphasized that people are currently very interested in the reorganization of the state apparatus, ensuring the policy of "streamlining, compactness, strength, efficiency, effectiveness and efficiency". Therefore, the contents submitted to the National Assembly related to the reorganization of the apparatus must be consistent with the Party's policies and guidelines; the preparation process must be urgent, thorough and ensure quality.
National Assembly Chairman Tran Thanh Man highly appreciated the Government, the drafting agency and the reviewing agency for working responsibly and actively to ensure progress. However, to complete the work, it is necessary to continue reviewing to ensure that the revised content is consistent and consistent with the legal system in general.
Emphasizing that in this amendment, it is necessary to promote maximum decentralization to the Government, so that the Government can be proactive, remove difficulties and obstacles, and develop the country, the National Assembly Chairman requested to ensure consistency between the regulations related to decentralization and delegation of power stipulated in this law and related laws such as: Law on Organization of the National Assembly, Law on Organization of Local Government, Law on Promulgation of Legal Documents, Law on Supervisory Activities of the National Assembly and People's Councils.
Regarding the principle of dividing authority in Article 7, the National Assembly Chairman suggested that the regulations must closely follow the direction of competent authorities and the speech of General Secretary To Lam, and at the same time clearly define the relationship between the Government and the National Assembly, the National Assembly Standing Committee, socio-political organizations, etc., clearly defining the authority between the legislative, executive and judicial agencies. Review and handle the overlapping contents of functions and tasks between agencies.
Reiterating General Secretary To Lam's request for decentralization so that "localities decide, localities do, localities are responsible", the National Assembly Chairman also noted that it is necessary to continue researching and supplementing the concepts of "decentralization" and "delegation" in the draft Law to ensure consistency and unity with the provisions of the draft Law on Organization of Local Government (amended); clearly stipulate the conditions for decentralization such as finance, human resources, administrative procedures;... In addition, clarify the conditions and people being decentralized, avoid cases of shirking responsibility; decentralized agencies must be proactive, and should not stipulate further decentralization.
Regarding the transitional provisions, the National Assembly Chairman suggested that it is necessary to clearly define the articles, clauses, and points of the laws and ordinances that have adjusted the tasks and powers of the Government, Prime Minister, ministers, and heads of ministerial-level agencies.
Minister of Home Affairs Pham Thi Thanh Tra, authorized by the Prime Minister, presented the Proposal for the revised Law on Government Organization - Photo: VGP/LS
High consensus on comprehensive amendment of the Law on Government Organization
Concluding the meeting, Vice Chairman of the National Assembly Nguyen Khac Dinh stated that the National Assembly Standing Committee highly agreed on the necessity of comprehensively amending the Law on Government Organization and promulgating two draft Resolutions of the National Assembly. At the same time, he highly appreciated the efforts of the Government and the drafting agency - the Ministry of Home Affairs and relevant agencies in promptly preparing the dossier of the Law project, the two draft Resolutions demonstrated seriousness, quality, meticulousness, compliance with regulations, closely following the requirements of innovation, and legal thinking;...
The National Assembly Standing Committee also highly appreciated the Law Committee for coordinating with National Assembly agencies to promptly organize the examination with many accurate and specific comments and opinions and closely coordinating with the agency in charge of drafting to complete the dossier.
Basically, the National Assembly Standing Committee approved the major contents of the draft Law on Government Organization (amended) which has promptly institutionalized the Party's policy on innovation and creativity in organizing the state apparatus to be "lean, compact, strong, effective, efficient, and effective", dividing the authority and responsibility between legislative, executive, and judicial agencies according to the principle of maximum decentralization to the Government, creating favorable conditions for the Government to manage, operate, and develop the socio-economy according to its functions and tasks; implementing strong and reasonable decentralization and delegation of power between the Central and local levels.
The National Assembly Standing Committee requested agencies to continue reviewing relevant laws such as the Law on Organization of the National Assembly, the Law on Organization of Local Government, the Law on Promulgation of Legal Documents, the Law on Supervisory Activities of the National Assembly and People's Councils, etc. to ensure consistency of the legal system and compliance with the Constitution.
Regarding some specific contents, the Vice Chairman of the National Assembly stated that, regarding the regulations on decentralization, it is necessary to continue to review and clarify the contents of decentralization and authorization in the administrative system, the words and terms expressed, ensuring compliance with the Party's regulations, consistency in the legal system, and relevant laws. In addition, it is necessary to ensure consistency between the decentralization of assigned tasks and powers and the decentralization of administrative procedures and work handling procedures; clarify the responsibilities between superiors and subordinates in decentralization; decentralization needs to be associated with ensuring tasks, powers and responsibilities for implementing task results. At the same time, there should be no further decentralization; decentralization must ensure smoothness, convenience, and feasibility...
In addition, the Vice Chairman of the National Assembly also requested the Government to continue studying and supplementing the opinions of the examining agency and opinions at the meeting related to regulations on the tasks and powers of the Government (Article 10), transition period; ...
Regarding the two drafts: Resolution of the National Assembly on the organizational structure of the Government for the 15th National Assembly term; Resolution of the National Assembly on the structure and number of Government members for the 15th National Assembly term, the National Assembly Standing Committee basically agreed with the Government's proposed plan, and at the same time proposed to continue reviewing and absorbing opinions at the meeting to promptly complete the dossier of the Law project and the draft Resolution to ensure quality and progress according to regulations.
Source: https://moha.gov.vn/tintuc/Pages/danh-sach-tin-noi-bat.aspx?ItemID=56842
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