The Government has just issued Resolution No. 240/NQ-CP dated December 17, 2024 at the thematic meeting on law making in November 2024.
In the resolution, the Government assigned the Ministry of Home Affairs to study and absorb the opinions of Government members, relevant ministries and agencies, and complete the dossier proposing the drafting of the Law on Organization of Local Government (amended).
In particular, it is important to review and closely follow the Party's policies and the provisions of the Constitution, ensuring consistency and unity with relevant legal provisions.
Strengthening decentralization and delegation of power associated with promoting the responsibility of leaders, minimizing administrative procedures, applying science and technology, digital transformation, and focusing on policy communication to create consensus.
Consult with experts, scientists and get opinions from subjects affected by the draft law. Closely and effectively coordinate with ministries, branches, agencies and localities in the process of developing the draft law.
The Government basically agrees with the policy objectives of decentralization, decentralization, delegation, and authorization between the Central and local governments and between local government levels.
However, local authorities do not have the authority to decide on decentralization, so the Ministry of Home Affairs needs to continue to review and determine appropriate policy content; at the same time, determine the scope of decentralization and delegation of power in this law to ensure consistency with the provisions on decentralization and delegation of power in the draft Law on Government Organization (amended).
The development of tasks and powers of local authorities, People's Councils and People's Committees at all levels, avoiding overlaps and duplications, aims to promptly implement the Party's policies and the directions of the General Secretary, the Government and the Prime Minister on promoting decentralization and delegation of powers between the Government and local authorities, in accordance with the characteristics of urban, rural and island areas and the management and operation capacity of each level of local government.
The Ministry of Home Affairs studies and proposes solutions to resolve difficulties and inadequacies related to decentralization, delegation of authority, and authorization in the Law on Organization of the Government, the Law on Organization of Local Government, and related laws in the spirit of "locality decides, locality acts, locality takes responsibility", ensuring feasibility, conformity with the authority of agencies, and consistency and unity of the legal system.
The Ministry of Home Affairs continues to study local government organization models, including evaluating the pilot implementation practices in recent times, and proposing models that ensure feasibility and effective operation.
Regarding the organization and operation of People's Councils and People's Committees at all levels, the Government requested the Ministry of Home Affairs to carefully study and evaluate, ensuring the feasibility of the plan of not organizing local government at the commune level (not organizing People's Councils at commune level), especially the people's representative rights and the effectiveness of the grassroots government apparatus.
Also in the resolution, the Government agreed on the necessity of developing the Law on Government Organization (amended) to create a legal framework for perfecting the Government's organizational structure, innovating and arranging the state administrative apparatus to be "streamlined - compact - strong - efficient - effective - efficient", meeting the requirements of building and perfecting the socialist rule-of-law state of Vietnam in the new situation.
