What are the current local governments at administrative units? What are regulations on decentralization of powers for local governments in Vietnam? - Anh Quan (Dong Nai, Vietnam)
Article table of contents
Regulations on decentralization of powers for local governments in Vietnam (Source: Internet)
1. What are local governments at administrative units?
According to Article 4 and Chapter III of the Law on Organization of Local Government 2015 (amended in 2019), local governments include the following agencies units:
1.1. Rural local government
* Local government in the province:
- The local government in the province is the local government level including the Provincial People's Council and the Provincial People's Committee.
- Duties and powers of local government in the province:
+ Organize and ensure the implementation of the Constitution and laws in the province.
+ Decide provincial issues within the scope of decentralization and decentralization in accordance with other relevant laws and regulations.
To perform tasks and exercise powers authorized by central state administrative agencies.
+ Inspect and supervise the organization and operation of the local government in the administrative units in the locality.
+ To take responsibility before superior state agencies for the results of the performance of tasks and powers of the local government in the province.
+ Coordinate with central and local state agencies to promote regional economic linkages, implement regional planning, and ensure the unity of the national economy.
+ Decide and organize the implementation of measures to promote the people's mastery, mobilize social resources for socio-economic construction and development, and ensure national defense and security in the locality. conscious.
* Local government of the rural district:
- Local government of the rural district is the level of local government composed of the district-level People's Council and the district-level People’s Committee.
- Duties and powers of local government at district level:
+ Arrange and ensure the enforcement of the Constitution and legislation throughout the district.
+ Make a decision on issues in the district within their decentralized or delegated powers as stipulated by this Law and other relevant legal regulations.
+ Carry out duties and powers delegated by superior-level State organs.
+ Examine and supervise organization and operation of local governments at the communal level.
+ Assume responsibility to provincial-level governments for the result of implementation of duties and powers of the local government at the district level.
+ Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance throughout the district’s territory.
* Local government in the commune:
- Local government of the commune is the level of local government composed of the communal-level People's Council and the communal-level People’s Committee.
- Duties and powers of the local government in the commune:
+ Arrange and ensure the enforcement of the Constitution and legislation throughout the commune.
+ Make a decision on issues at the commune within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.
+ Implement duties and powers delegated by superior-level State organs.
+ Assume responsibility to district-level governments for the result of implementation of duties and powers of the local government at the communal level.
+ Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance throughout the commune’s territory.
1.2. Urban local government
* Local governments of the centrally-governed city
- The local government of the centrally-governed city is the level of local government composed of the People’s Council and the People’s Committee at the municipal level.
- Duties and powers of local governments in centrally run cities:
+ Arrange and ensure the enforcement of the Constitution and legislation throughout the territory of the centrally-governed city.
+ Make a decision on issues arising in the centrally-governed city within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.
+ Implement duties and powers delegated by central State administrative agencies.
+ Examine and supervise organization and operation of local governments at administrative units within that centrally-governed city.
+ Assume responsibility to superior-level state organs for the result of implementation of duties and powers of the local government of that centrally-governed city.
+ Cooperate with centrally and locally-controlled state organs in enhancing economic connections between regions, and implement the regional planning and ensure the consistency of the national economy.
+ Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance across the territory of that centrally-governed city.
* Local government in the district:
Local government of the urban district is the level of local government composed of the district-level People's Council and the district-level People’s Committee..
- Duties and powers of the local government in the district:
+ Arrange and ensure the enforcement of the Constitution and legislation throughout the district.
+ Make a decision on district-related issues within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.
+ Implement duties and powers delegated by superior-level State organs.
+ Examine and supervise organization and operation of the local government of the ward.
+ Assume its responsibility to the local government of the centrally-governed city for the result of implementation of duties and powers of the local government of that district.
+ Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance throughout the district’s territory.
* Local governments in towns, provincial cities and centrally run cities:
- The local government in the district-level town, provincial city and municipality-controlled city is the level of local government composed of the People’s Council of the district-level town, provincial city and municipality-controlled city, and the People’s Committee of the district-level town, provincial city and municipality-controlled city.
- Duties and powers of local governments in towns, provincial cities and centrally run cities:
+ Arrange and ensure the enforcement of the Constitution and legislation throughout the territory of the district-level town, provincial city and municipality-controlled city.
+ Make a decision on issues arising in the district-level town, provincial city and municipality-controlled city within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.
+ Implement duties and powers delegated by superior-level State organs.
+ Examine and supervise organization and operation of local governments at the communal level.
+ Assume its responsibility to the provincial local government for the result of implementation of duties and powers of the local government governing the district-level town, provincial city and municipality-controlled city.
+ Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance across the territory of that district-level town, provincial city and municipality-controlled city.
* Local government in the ward:
- The local government in the ward is the local level of government, except for specific cases prescribed by the National Assembly, it is not the local government level. The local level of government in the ward includes the People's Council of the ward and the People's Committee of the ward.
- Duties and powers of the local government in the ward:
+ Arrange and ensure the enforcement of the Constitution and legislation throughout the ward.
+ Make a decision on ward-related issues within its decentralized or delegated powers as stipulated by this Law and other relevant law regulations.
+ Implement duties and powers delegated by superior-level State organs.
+ Assume its responsibility to the local government of the district-level town, provincial city and municipality-controlled city for the result of implementation of duties and powers of the local government of that ward.
+ Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance within the ward.
* Local government of the commune-level town:
- The local government of the commune-level town is the level of local government composed of the People's Council and the People's Committee of the commune-level town.
- Duties and powers of the local government in the town:
+ Arrange and ensure the enforcement of the Constitution and legislation throughout the commune-level town.
+ Make a decision on issues of the commune-level town within its decentralized or delegated powers as stipulated by this Law and other relevant law regulations.
+ Implement duties and powers delegated by superior-level State organs.
+ Assume responsibility to the district-level government for the result of implementation of duties and powers of the local government of the commune-level town.
+ Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance throughout the commune-level town’s territory.
2. Regulations on decentralization of powers to local governments
2.1. Decentralization to local government
According to Article 13 of the Law on Organization of Local Government 2015 (amended in 2019), the decentralization for local governments is as follows:
- Based on working requirements, possibility and conditions, and specific states of each locality, central and locally-governed state organs shall be entitled to decentralize one or several duties and powers within their competence to inferior-level local governments
Or state organs in a continual and regular manner, unless otherwise prescribed by laws.
- Decentralization must adhere to principles stipulated in Clause 2 Article 11 of Law on Organization of Local Government 2015 and must be prescribed in legislative documents issued by decentralizing state organs which should specify duties and powers decentralized to local governments or inferior-level state organs, and responsibilities of decentralizing and decentralized state organs.
- Superior regulatory agencies shall, upon delegating tasks and powers to local governments or inferior regulatory agencies, shall ensure that financial and personnel conditions and other necessary conditions are satisfied to perform these delegated tasks
Or exercise these delegated powers, and inspect and provide guidance on performance of delegated tasks and exercise of delegated powers as well as bear responsibility for the result thereof
- Decentralized state organs shall be held responsible to decentralizing state organs for implementation of decentralized duties and powers.
Based on actual conditions of each locality, locally-controlled state organs shall be entitled to re-decentralize duties and powers decentralized by superior-level state organs to inferior-level local governments or state organs but must obtain consent from initial-decentralization state organs.
2.2. Delegation to local government
The decentralization of powers to local governments according to Article 12 of the Law on Organization of Local Government 2015 (amended 2019) provides as follows:
- The delegation of powers to local government levels must be specified in the law. In this case, the law must stipulate specific tasks and powers that local governments may not decentralize or delegate to lower-level state agencies or other agencies and organizations.
- Local governments are autonomous and self-responsible for the performance of their assigned tasks and powers.
- Superior state agencies, within the ambit of their tasks and powers, are responsible for inspecting and examining the constitutionality and lawfulness in the performance of tasks and powers delegated to local governments at all levels. direction.
- Laws defining the tasks and powers of local governments and agencies under local governments must ensure the principles specified in Clause 2, Article 11 of the Law on Organization of Local Government 2015 and be appropriate with the duties and powers of the local government.
Quoc Dat
- Key word:
- local governments in Vietnam
