Mr. L.T in Dak Lak asked, according to the provisions of the 2024 Road Law, national highways are decentralized to be transferred to the Provincial People's Committee for management and exploitation. So, after receiving the assets, is the Provincial People's Committee authorized to allow the locality to manage and maintain them?
The Ministry of Construction responds to this issue as follows:
According to the provisions of Clause 4, Article 8 of the 2024 Road Law:
"The provincial People's Committee is responsible for managing the following types of roads:
Management of provincial roads and national highways passing through special-class urban areas; national highways when decentralized...
Regulating the management of urban roads, commune roads, and village roads.
Manage service roads and side roads separated from national highways".
Thus, according to the provisions of the Road Law, the People's Committees at the provincial level are responsible for managing national highways when they are decentralized as for provincial roads. The Road Law does not stipulate that the provincial People's Committee is not allowed to decentralize or authorize other specialized agencies and administrative organizations under the People's Committee at its level or the People's Committee of the commune.
According to the provisions of the Law on Organization of Local Government 2025, the People's Committee at the provincial level can decentralize or authorize other professional agencies and administrative organizations under the People's Committee at its level and the People's Committee at the commune level, specifically:
Decentralization in cases of continuous and regular implementation of one or a number of tasks and powers assigned to them in accordance with the provisions of law as prescribed in Article 13 of the Law on Organization of Local Government.
Authorize in case of performing one or a number of tasks and powers assigned to it according to the provisions of law within the prescribed time limit, together with specific conditions as prescribed in Article 14 of the Law on Organization of Local Government.
