Vietnam: Pilot authority in state management in home affairs of Ho Chi Minh City

Pilot authority in state management in home affairs of Ho Chi Minh City (Image from internet)

On July 10, 2024, the Government of Vietnam issued Decree 84/2024/ND-CP on the pilot transfer of certain state management duties to the government of Ho Chi Minh City, which comes into force from the date of issuance.

Pilot authority in state management in home affairs of Ho Chi Minh City

According to Article 11 of Decree 84/2024/ND-CP governing state management of internal affairs of Ho Chi Minh City as follows:

- The City's People’s Committee submits to the City’s People’s Council:

+ Decisions on establishing, splitting, merging, or consolidating specialized agencies under the City People’s Committee, ensuring conformity with the City’s characteristics without increasing the current number of specialized agencies;

+ Based on actual conditions, situations, and budget, the City decides on additional rewards for collectives or individuals with exceptional or particularly outstanding achievements in the cause of building and defending the Fatherland and contributing to promoting socio-economic development, defense, and security of the City, in addition to the current stipulated rewards, in line with the City's budget balancing capacity.

- The City People’s Committee has the authority to decide on the targets and organize exams for promoting officials to the ranks of officer, principal officer, and equivalent positions as stipulated in Clauses 2 and 3, Article 32 of Decree 84/2024/ND-CP dated November 27, 2020, of the Government of Vietnam on the recruitment, use, and management of officials.

- The District People’s Committee submits to the District People’s Council decisions on establishing, splitting, merging, or consolidating specialized agencies under the District People’s Committee, ensuring conformity with the City’s characteristics without increasing the current number of specialized agencies.

08 Contents of Pilot Transfer of State Management Duties between the Government of Vietnam and the Government of Ho Chi Minh City

According to Article 1 of Decree 84/2024/ND-CP on the pilot transfer of state management duties between the Government of Vietnam and the government of Ho Chi Minh City (City People’s Council and City People’s Committee) in the following areas:

(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 decentralization of state management to the government of Ho Chi Minh City (hereafter referred to as the City) shall be implemented as per the provisions of Clause 2, Article 11 and Article 13 of the Law on Local Government Organization and the following specific contents:

- Ensure conformity with the regulations of the Constitution, Laws, Resolutions of the National Assembly, Standing Committee of the National Assembly, and the policy of the Communist Party on the direction and development tasks of the City.

- Ensure the centralized, unified leadership, direction, and administration of the Government of Vietnam; promote the responsibility, autonomy, accountability, dynamism, and creativity of the City in implementing local socio-economic development objectives.

- Decentralized state management should be associated with enhancing responsibility for inspection, examination, and supervision of the City government's activities.

- Decentralized state management aims to increase the responsibility of the City People's Committee, the specialized agencies under the City People’s Committee, creating proactive and comprehensive decentralization mechanisms for the City government.

- Decentralized state management shall be accompanied by the implementation of administrative reform programs at various levels of government to improve the effectiveness and efficiency of the City’s state management apparatus; promptly address difficulties to facilitate business activities and better serve organizational and individual needs.

- Regulations or adjustments to administrative procedures related to the decentralized content must adhere to the following principles:

+ For decentralized content with existing administrative procedures, adjust the entity performing the procedures based on current documentation and procedures without creating additional administrative procedures;

+ For decentralized content without existing administrative procedures, follow the administrative procedures as prescribed by the City People’s Council, ensuring simplicity, clarity, ease of execution, and saving time, cost, and effort for both the subject and the enforcement agency.

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

Le Nguyen Anh Hao

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE