08 Pilot Contents on state management decentralization between the Government of Vietnam and HCMC authorities

08 Pilot Contents on state management decentralization between the Government of Vietnam and HCMC authorities (Image from the internet)

On July 10, 2024, the Government of Vietnam issued Decree 84/2024/ND-CP on piloting the decentralization of state management in several fields to Ho Chi Minh City authorities.

08 Pilot Contents on state management decentralization between the Government of Vietnam and HCMC authorities

According to Article 1 of Decree 84/2024/ND-CP, the pilot contents on state management decentralization between the Government of Vietnam and Ho Chi Minh City authorities (Ho Chi Minh City People's Council and Ho Chi Minh City People's Committee) include the following fields:

(1) State management of investment.

(2) State management of economy, finance, and state budget.

(3) State management of planning, construction, resources, and environment.

(4) State management of transportation.

(5) State management of healthcare.

(6) State management of education and training.

(7) State management of labor and vocational education.

(8) State management of internal affairs.

Regulations on Decentralization rules in Vietnam

The state management decentralization to Ho Chi Minh City authorities (hereinafter referred to as the City) is implemented according to Clause 2 Article 11 and Article 13 of the Law on Organization of Local Government and the following specific contents:

- Ensuring compliance with the provisions of the Constitution, Laws, Resolutions of the National Assembly, Standing Committee of the National Assembly, and the guidelines of the Communist Party on the direction and tasks of the City's development.

- Ensuring the centralized and unified leadership, direction, and administration of the Government of Vietnam; promoting the responsibility, autonomy, accountability, dynamism, and creativity of the City in organizing the implementation of local socio-economic development goals.

- Decentralizing state management associated with strengthening inspection, supervision, and accountability for the City authorities' activities.

- Decentralizing state management in several fields to enhance the responsibility of the City People's Committee and its specialized agencies, creating autonomy and perfection of the city's decentralization mechanism.

- Decentralizing state management alongside administrative reform programs at all levels of government to improve the effectiveness and efficiency of the City's state management apparatus; promptly solving difficulties to create favorable conditions for business operations and better serving the needs of organizations and citizens.

- Regulations or adjustments to administrative procedures related to decentralization must ensure the following principles:

+ For decentralized contents already having administrative procedures, the performing entity will be adjusted based on the current dossier and process, without generating additional administrative procedures;

+ For decentralized contents without current administrative procedures, they will be executed according to the administrative procedures regulated by the City People's Council, ensuring simplicity, clarity, ease of implementation, and saving time, costs, and efforts for the subjects and administrative agencies involved.

(According to Article 3 of Decree 84/2024/ND-CP)

More details can be found in Decree 84/2024/ND-CP which takes effect in Vietnam from July 10, 2024.

Le Nguyen Anh Hao

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