Regulations on determining the authority of local authorities

The Lao Dong Newspaper Legal Consulting Office replied:

Article 11 of the Law on Organization of Local Government 2025 (effective from March 1, 2025) stipulates the division of authority of local governments as follows:

1. The tasks and powers of local governments at all levels are determined on the basis of the division of authority between central state agencies and local state agencies and local governments at all levels in the form of decentralization and delegation.

2. The determination of the authority of local governments must ensure the following principles:

a) Clearly define the content and scope of tasks and powers that local authorities are decided upon, organized to implement and responsible for the results;

b) Ensure no overlap or overlap in tasks and powers between state agencies at the central and local levels, between local governments at all levels and between agencies and organizations under local governments;

c) In accordance with the characteristics of rural areas, urban areas, islands, special administrative - economic units and the capacity, conditions for performing tasks and powers of local authorities at all levels. Agencies, organizations and individuals assigned to perform the tasks and powers of superior state agencies are guaranteed the necessary conditions to perform those tasks and powers;

d) Ensure publicity, transparency, accountability for explaining and effectively implementing power control associated with inspection, inspection and supervision responsibilities of superior state agencies; promptly adjust the content of decentralization and delegation when the agency, organization or individual is delegated authority and delegated authority to not effectively perform assigned tasks and powers;

d) Ensure consistency in organizing the implementation of the Constitution and the law;

e) Meeting local government requirements; applying science, technology, innovation and digital transformation;

g) Issues related to the scope of 02 or more commune-level administrative units are under the authority of the district-level local government; issues related to the scope of 02 or more district-level administrative units are under the authority of the provincial-level local government; issues related to the scope of 02 or more provincial-level administrative units are under the authority of the central state agency, unless otherwise provided by law and a resolution of the National Assembly.

3. Local authorities are proactively proposed to competent authorities on decentralization and delegation of authority to competent local agencies, organizations and individuals to perform tasks and powers in accordance with local capabilities and practical conditions.

4. The regulation of the duties and powers of local authorities and local government agencies in legal documents must comply with the provisions of this Law, ensuring effective control of state power.

Thus, the determination of the authority of local authorities is regulated as above.