Urgently complete the draft Law on Organization of Local Government in Vietnam (amended)

Urgently complete the draft Law on Organization of Local Government in Vietnam (amended)​ (Image from the internet)

On January 18, 2025, the Government of Vietnam issued Resolution 14/NQ-CP from the specialized session on law-making for January 2025, which mentioned the draft Resolution of the National Assembly on handling certain contents related to the organization and arrangement of the apparatus.

Urgent Completion of the Draft Law on Organization of Local Government (Amended)

Regarding the draft Law on Organization of Local Government (Amended), the Government of Vietnam highly appreciates the proactive cooperation of the Ministry of Home Affairs with other ministries, agencies, and localities in a short time to construct the draft Law on Organization of Local Government (Amended) which adjusts many important contents regarding the organization and operation of local government.

It was agreed on the necessity to issue the Law to fully specify the provisions of the Constitution and institutionalize the guidelines and policies in the Documents, Resolutions of the Communist Party, aiming to continue reforming local government towards enhancing the decentralization between central and local state agencies and between levels of local government, organizing a streamlined apparatus, operating effectively and efficiently, ensuring the unity and coherence of the state's administrative system from central to grassroots, the proactiveness of local government in the spirit of "local decision, local action, local responsibility."

The Ministry of Home Affairs is tasked with studying and thoroughly incorporating the opinions of Government Members, perfecting the draft Law with the following directions:

- Concerning the model of local government organization: based on the Constitution's provisions, it is necessary to refine in the direction of clearly delineating the model of local government organization suitable to the characteristics of rural, urban, and island areas. For the model of government organization on islands, study to regulate principles, based on the actual situation the Government prescribes the organization of commune-level government suitable to meet management requirements and ensure national defense and security in the area.

- Concerning the principle of decentralizing local government authority: the regulation of the functions of each level of government must correspond to the position and role of each level stipulated in the Constitution, the authority to issue legal normative documents, and the power to decide important local matters, thereby creating proactiveness in state management tasks, promptly resolving arising issues and difficulties in the area.

- Concerning the regulation authorizing the Government to decide on adjusting the tasks and powers of local government: this content should not be included in the draft Law. Adjusting the duties and powers of local government as stipulated in specialized laws must ensure constitutionality, legality, and comply with the proper authority, form, order, and procedure for drafting and issuing legislative documents.

The Ministry of Home Affairs is assigned to lead and cooperate with the Ministry of Justice, relevant ministries, and agencies to urgently study, fully incorporate the opinions of Government Members during the session to revise and finalize the draft Law; simultaneously continuing to complete the project dossier and perform the order and procedures stipulated in the Law on Promulgation of Legal Normative Documents to seek opinions from Government Members, ensuring quality, progress, promptly, promptly submit to the National Assembly at the extraordinary 9th session in February 2025.

More details can be found in Resolution 14/NQ-CP dated January 18, 2025.

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