Timely handle issues arising when reorganizing the state apparatus

On the afternoon of February 12, continuing the 9th extraordinary session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly listened to the Submission and Verification Report on the draft Resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the state apparatus.

Create a legal basis for implementing the organizational arrangement of state agencies.

Presenting the Report, Minister of Justice Nguyen Hai Ninh said that the issuance of the Resolution aims to create a legal basis for implementing the organize the apparatus of central and local state agencies, thereby promptly handling issues arising in the implementation of state apparatus reorganization, avoiding legal gaps, ensuring normal, continuous and smooth operation of the state apparatus and the whole society; not interrupting the implementation of international treaties and international agreements.

Minister of Justice Nguyen Hai Ninh. (Photo: THUY NGUYEN)

Regarding the scope of regulation, the Resolution stipulates the handling of a number of issues related to the reorganization of the state apparatus, including: handling principles; changing the names of agencies, organizations, units (hereinafter referred to as agencies), and competent positions; the performance of functions, tasks, and powers of agencies and competent positions according to the provisions of law, international treaties, international agreements, and the handling of a number of other issues when implementing the reorganization.

The Resolution applies in cases of establishment and reorganization (including the arrangement and consolidation of agencies in the form of division, separation, merger, consolidation, conversion or adjustment of functions, tasks and powers), change of name, change of model, organizational structure, dissolution of agencies to implement the Party's policy on continuing to innovate and rearrange the organization of the political system to be streamlined and operate effectively and efficiently.

The Resolution also stipulates: General principles in handling a number of issues related to the reorganization of the state apparatus; specific principles for handling a number of issues related to the reorganization of the state apparatus; responsibilities of competent agencies and individuals in handling issues arising when implementing the reorganization of the state apparatus,...

Scene of the meeting on the afternoon of February 12. (Photo: THUY NGUYEN)

Specify specific and reasonable time limits for completing amendments, supplements or issuing replacement documents.

Presenting his review opinion, Chairman of the Law Committee Hoang Thanh Tung said that the Committee agreed with the necessity of promulgating and highly appreciated the Government's initiative in developing and submitting to the National Assembly for promulgation a Resolution regulating the handling of a number of issues related to the reorganization of the state apparatus.

The draft Resolution dossier has been fully ensured according to the provisions of law; the draft Resolution has been accepted and completed in one step according to the Conclusion of the National Assembly Standing Committee and the preliminary review opinion of the Standing Committee of the Law Committee, and is qualified to be submitted to the National Assembly for consideration and decision.

The Law Committee also agrees with the determination of the scope of regulation as stipulated in Article 1 of the draft Resolution as all agencies and organizations directly related to the implementation of the arrangement and streamlining of the state apparatus and fully covering all cases of arrangement of the state apparatus in accordance with the direction in Resolution No. 18-NQ/TW, Conclusion No. 121-KL/TW of the Central Executive Committee and the conclusions and directions of the Politburo and the Secretariat.

Chairman of the Law Committee Hoang Thanh Tung. (Photo: THUY NGUYEN)

Regarding the authority to sanction administrative violations, the Law Committee recommends that the Government pay attention to directing relevant agencies to proactively monitor, inspect, and promptly supplement guidance on request procedures, scope of responsibility of requesting agencies and individuals, and competent persons to issue sanctioning decisions in receiving, handling, and sanctioning administrative violations in Clause 2, Article 8 if necessary to ensure clarity and convenience in the implementation process, limit evasion and shirking of responsibility, affecting the effectiveness of state management.

Regarding the handling of documents and papers issued before the arrangement, the Law Committee agrees with the provisions as stated in Article 10 but recommends continuing to review issues that may arise after the arrangement of the state apparatus related to the handling of legal documents and administrative documents, especially the authority to amend and supplement legal documents previously issued by competent agencies and persons subject to the arrangement to ensure convenience and efficiency, avoiding wasting time and effort during the implementation process.

Regarding the regulations on reviewing and processing documents, the Law Committee agrees that it is necessary to specify the time limit for completing the amendment, supplement or issuance of replacement documents for documents affected by the reorganization of the state apparatus. Some opinions say that the 3-month time limit for reviewing and determining the plan for processing documents is too long because currently all agencies have basically completed the review.

There are also concerns about the feasibility of the regulation on a 2-year deadline to complete the amendment, supplement or issuance of replacement documents because according to the preliminary review of the agencies, the number of documents that need to be amended, supplemented or newly issued at both the central and local levels is very large while it is unclear what mechanism the Government can use to monitor and ensure the implementation of this goal.

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