In particular, the Ministry of Home Affairs proposed many new regulations on the duties and powers of the Government and the Prime Minister.
According to the Ministry of Home Affairs, after nearly 10 years of implementation, the Law on Government Organization 2015 (amended and supplemented in 2019) has revealed a number of limitations and inadequacies that need to be studied, revised and supplemented accordingly.
The Ministry of Home Affairs proposed to stipulate that the Government is responsible for submitting to the National Assembly and the National Assembly Standing Committee for decision on contents prescribed by the Constitution and basic and important issues under the authority of the National Assembly and the National Assembly Standing Committee as prescribed in the Law on Organization of the National Assembly.
Determining this principle is necessary to ensure the coherence between the Law on Organization of the Government and the Law on Organization of the National Assembly, ensuring control of power between the agency exercising executive power and the agencies exercising legislative and judicial power.
Clearly define the Government's responsibilities in conjunction with the power control mechanism, ensuring that the Government properly exercises its authority as prescribed by the Constitution and overcomes the overlap between the legislative and executive branches.
The draft also stipulates that the Government is responsible for agencies exercising judicial power according to the tasks and powers assigned in the Law on Organization of People's Courts (TAND), the Law on Organization of People's Procuracy (VKSND) and related laws.
This is to ensure control of power between the agency exercising executive power and the agency exercising judicial power as required in Resolution No. 27-NQ/TW on continuing to build and perfect the Socialist Republic of Vietnam's rule of law state in the new period.
The provisions on the functions, tasks, powers and responsibilities of the Government, the Prime Minister and Government agencies in legal documents must be consistent with this law, ensuring that state power is effectively controlled and overcoming group and local interests.
In addition, to strengthen the Government's control over the national administration and the exercise of legislative power, the draft adds a number of tasks of the Government.
The Government reports to the National Assembly and the National Assembly Standing Committee on the suspension of the implementation of laws, ordinances, and resolutions of the National Assembly and the National Assembly Standing Committee when necessary (related to national security, social order and safety, the interests of the State and the people, etc.); reserves opinions on issues on which there are still different opinions in the supervision conclusions of the National Assembly and the National Assembly Standing Committee and reports to the National Assembly and the National Assembly Standing Committee at the nearest session.
The draft law also completes the principled contents on the division of authority between the Government, Prime Minister, Ministers, and heads of ministerial-level agencies.
Clarifying the tasks and powers of the Government according to the following groups: Contents submitted to the National Assembly; contents submitted to the National Assembly Standing Committee; contents under the authority of the Government according to the 2013 Constitution; contents that the Government will perform according to the functions of the highest state administrative agency, exercising executive power, and being the executive body of the National Assembly.
The Government will decide on policies for the development of sectors, regions and localities (except for policies under the decision-making authority of the National Assembly and contents that have been decentralized to localities).
"This will ensure the Government's unified management of all aspects of social life, except for issues under the authority of the National Assembly, the National Assembly Standing Committee, and issues that have been decentralized to local authorities according to the Law on Organization of Local Government and specialized laws," the Ministry of Home Affairs said.
