Organizing multi-sectoral and multi-disciplinary administrative management apparatus
On January 21, according to Lao Dong reporter's investigation, the Ministry of Home Affairs has received and completed the draft Law on Government Organization (amended) and sent the draft Law dossier to the Ministry of Justice for appraisal.
The report of the Ministry of Home Affairs clearly stated the viewpoint of perfecting regulations on the organization and operation of the Government to overcome difficulties and inadequacies and meet the requirements of modern and effective national innovation, building a digital Government in the new situation.
Article 6 of the draft Law stipulates the principles of organization and operation of the Government.
That is: Comply with the Constitution and laws, manage society by the Constitution and laws, implement the principle of democratic centralism; ensure gender equality.
Organize a multi-sectoral, multi-field, streamlined, efficient, effective and efficient administrative management apparatus; ensure the principle that lower-level agencies submit to the leadership, direction and strictly comply with the decisions of higher-level agencies.
Clearly define the tasks, powers and responsibilities between the Government, the Prime Minister and Ministers, Heads of ministerial-level agencies and the functions and scope of management between ministries and ministerial-level agencies; promote the personal responsibility of the head.
Decentralization and reasonable delegation of power between the Government and local authorities, ensuring the Government's unified management rights and promoting the proactiveness, creativity and self-responsibility of local authorities.
Implement modern, effective and efficient national governance; build a unified, smooth, continuous, democratic, rule-of-law, professional, modern, scientific, clean, public, transparent, disciplined and disciplined administrative system; create a favorable environment for people and businesses; and be subject to inspection and supervision by the People.
Principle of separation of powers
The principle of delimitation of authority is stipulated in Article 7 of the draft Law.
Accordingly, the tasks and powers of the Government, the Prime Minister, Deputy Prime Ministers, Ministers and Heads of ministerial-level agencies are determined on the basis of the principle of division of authority as follows:
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;
The Government is responsible for coordinating with agencies to exercise judicial power according to the assigned tasks and powers in the Law on Organization of People's Courts, the Law on Organization of People's Procuracies and related laws;
For issues that have been decentralized to local authorities according to the decentralization principle stipulated in the Law on Organization of Local Government, local authorities shall proactively decide, organize implementation and take responsibility for the decentralized tasks;
The Government unifies state management of sectors and fields; assigns the scope of state management to ministries and ministerial-level agencies; decentralizes authority to Ministers and Heads of ministerial-level agencies according to the scope of management, ensuring clear division of responsibilities of Ministers and Heads of ministerial-level agencies as members of the Government and heads of ministries and ministerial-level agencies.
The Prime Minister is the head of the Government; leads the work of the Government and is responsible to the National Assembly for the activities of the Government and assigned tasks, ensuring the principle of not deciding on specific issues under the responsibility of Ministers and Heads of ministerial-level agencies in their capacity as members of the Government for the sectors and fields assigned to them for management.
The provisions on functions, tasks, powers and responsibilities of the Government, the Prime Minister and Government agencies in legal documents must comply with the provisions of this Law, ensuring that state power is effectively controlled.
