Consistent amendment of the Law on the Organization of the Government in Vietnam for streamlining the governmental structure

Consistent amendment of the Law on the Organization of the Government in Vietnam for streamlining the governmental structure​ (Image from the internet)

On December 17, 2024, the Government of Vietnam issued Resolution 240/NQ-CP regarding the November 2024 special session on legal development.

Consistent amendment of the Law on the Organization of the Government in Vietnam for streamlining the governmental structure

The Government of Vietnam highly appreciates that the Ministry of Home Affairs has presided over and cooperated with relevant ministries and agencies to draft the Proposal for Law Development, and submitted it to the Government of Vietnam in accordance with the Law on Promulgation of Legal Documents. There is a consensus on the need to develop a Law aimed at creating a legal framework for restructuring the organizational apparatus of the Government of Vietnam, reforming and arranging the state administrative apparatus to be “streamlined - strong - efficient - effective,” meeting the requirements of building and perfecting the socialist rule of law state of Vietnam in the new situation.

The Ministry of Home Affairs of Vietnam must thoroughly study and consider the opinions of Government members, related ministries, and agencies, and complete the Law Development Proposal dossier, with attention to:

- Review and closely align with the guidelines of the Vietnam Communist Party and the provisions of the Constitution, ensuring consistency and uniformity with related legal provisions. Strengthen decentralization and delegation of authority tied to emphasizing the responsibility of the head officials, reducing administrative procedures to the maximum extent. Actively consult experts and scientists, and enhance policy communication to build consensus. Closely, effectively coordinate with relevant ministries, branches, and agencies during the legal project development process;

- Preside and cooperate with the Office of the Government of Vietnam to promptly report to the Party Committee of the Government of Vietnam to propose the Politburo to direct agencies according to their authority to review and amend laws regarding organizational structures, such as: Law on the Organization of the National Assembly, Law on the Organization of People's Courts, Law on the Organization of People's Procuracies, Law on the Vietnamese Fatherland Front, etc., to clarify functions, tasks, powers, and relationships between agencies within the political system based on the Constitution of 2013;

- Regarding Policy 1: There is a basic consensus with the goals and content of the policy. It is proposed that the Ministry of Home Affairs, the Ministry of Justice, and coordinating agencies work closely with leading agencies to draft laws on organizational structures, such as: Law on the Organization of the National Assembly, Law on the Organization of People's Courts, Law on the Organization of People's Procuracies, Law on the Vietnamese Fatherland Front, etc. to ensure consistency, coherence, and clear demarcation of authority and tasks between bodies exercising legislative, executive, and judicial powers;

- Regarding Policy 2: There is a basic consensus with the goals and content of the policy. It is suggested that the Ministry of Home Affairs clarify issues related to the distribution of duties within each agency and relationships, as well as operational mechanisms, rights, and responsibilities of collegial bodies with individual heads to reflect the spirit of decentralization within the agencies of the Government of Vietnam, thereby helping the government structure operate effectively;

- Regarding Policy 3: There is a basic consensus with the policy objectives. It is suggested that the Ministry of Home Affairs add content related to delegation of authority in the activities of state administrative agencies in this policy. Simultaneously, clarify the relationship between the Government of Vietnam, the Prime Minister of the Government of Vietnam, Ministers, Heads of ministerial-level agencies, and the heads of subordinate agencies to the Government of Vietnam with local governments;

The Ministry of Home Affairs is to preside, in cooperation with the Ministry of Justice, the Office of the Government of Vietnam, and relevant ministries and agencies, to urgently complete the dossier for the Proposal to Develop the Law on the Organization of the Government of Vietnam (amended) according to the Law on Promulgation of Legal Documents; send it to the Ministry of Justice for compilation.

Authorize the Minister of Justice, on behalf of the Prime Minister of the Government of Vietnam, to sign and submit a proposal to the National Assembly, Standing Committee of the National Assembly, for the inclusion of this Law project into the 2025 law-building and ordinance program of the National Assembly for discussion and approval in one session.

Refer to detailed content at Resolution 240/NQ-CP, dated December 17, 2024.

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