On April 7, the People's Committee of Binh Dinh province said that it had reported to the Ministry of Justice on the proposal to handle issues related to the transition to perform the tasks, powers and organize the apparatus of local governments when rearranging and reorganizing administrative units at all levels and organizing local governments at both levels.
Difficulties in implementation
Implementing the direction of the Prime Minister on implementing Resolution No. 190/2025/QH15 (abbreviated as Resolution 190) dated February 19, 2025 of the National Assembly regulating the handling of a number of issues related to the arrangement of the state apparatus, Binh Dinh province has issued an implementation plan.
Resolution 190 has created a legal basis for state agencies from the central to local levels to reorganize the apparatus and promptly handle issues arising from practice. However, during the implementation process, certain problems arose.
That is, the Resolution does not clearly stipulate the process of handing over tasks between the agency receiving the functions, tasks, powers and the transfer agency when reorganizing the apparatus, leading to inconsistent implementation.
The subjects and scope of the review are very wide, and must be carried out in a very urgent time. The review content is complicated, requiring many requirements at the same time, so it is difficult to determine the accurate group and the quality of document review is not high.
Some agencies and units have changed their names after completing the reorganization. However, many forms have been printed to carry out administrative procedures under the old name. There are currently no regulations or instructions on canceling or continuing to use to avoid waste...
Proposal to remove difficulties
According to the People's Committee of Binh Dinh Province, Resolution 190 has not stipulated the handling of a number of issues related to the organization of the apparatus when implementing the orientation without district -level organizations, reorganizing and reorganizing administrative units at all levels and organizing local governments 2 levels according to conclusion No. 127 of the Politburo and Secretariat.
The functions, tasks, powers, and organizational structure of local governments at the grassroots level (commune level) have not been specified, and the transfer and receipt of functions and tasks under the authority of the district level has not been specified to the provincial or commune level.
The responsibility of the grassroots government in receiving tasks and powers related to administrative procedures transferred by the district level has not been stipulated.
There are no regulations on handling legal documents issued by People's Councils and People's Committees at district and commune levels that are still in effect when organizing local government at both levels.
There are no regulations on the authority, order, and procedures for coordination, reception, and handling of administrative violation records handled by district level when not organized at district level.
Therefore, Binh Dinh province proposed that the Ministry of Justice consider and propose to the Government to submit to the National Assembly for promulgation a Resolution to handle issues related to the transfer of tasks, powers and organizational structure of local governments when rearranging and reorganizing administrative units at all levels and organizing local governments at both levels.
Regarding the functions, tasks, and powers assigned to the district level for direct implementation (before removing the district level), the province proposed to transfer them to the grassroots level until the competent authority issued legal documents.
Propose specific regulations on the handling of legal documents issued by People's Councils and People's Committees at district and commune levels that are still effective after being abolished at the district level; specific regulations to handle administrative violations that are being handled at the district and commune levels when not organized at the district level.
