In her report on the acceptance and explanation of the Draft Law, Minister of Home Affairs Pham Thi Thanh Tra said that the draft Law on Organization of Local Government (amended) demonstrates innovative thinking aimed at modern local governance, creating development, removing "bottlenecks", and unlocking resources to meet the goal of rapid and sustainable growth of localities in particular and the whole country in general in the new era of the country.
The construction of this Law also has great historical significance, creating a solid legal foundation for the organization and operation of local governments according to the two-level local government model, which was organized for the first time in our country.
The National Assembly passed the Law on Organization of Local Government (amended)
Regarding the demarcation of administrative units and organization of local government in administrative units, the Draft Law establishes a unified 2-level local government organization model (provincial and communal levels) nationwide, clearly defining the tasks, authority and organizational structure of each level of government; establishing a complete legal basis for the local government model in special zones.
At the same time, absorbing the opinions of National Assembly deputies, the Government has revised and supplemented regulations on administrative units, principles of organization and operation of local governments to ensure streamlining, efficiency, effectiveness, efficiency, closeness to the people, better serving the people, thoroughly implementing the principle of "local decision, local action, local responsibility", promoting the proactiveness, creativity, autonomy and self-responsibility of local governments.
Regarding the division of authority, decentralization, delegation, and authorization, in order to institutionalize the viewpoints and directions of the Central Government, the Politburo, and the Secretariat, the draft Law has completed the principles of division of authority, decentralization, and authorization between the Central Government and local governments, between provincial-level local governments and commune-level local governments in a scientific, synchronous, and unified manner; clearly defining the authority between the People's Committee collective and the individual Chairman of the People's Committee, creating conditions for implementing a flexible and effective management mechanism, encouraging the initiative and creativity of the heads of state administrative agencies at the local level. At the same time, absorbing the opinions of National Assembly deputies, the Government has revised and supplemented the regulations on division of authority, decentralization, delegation, and authorization.
Specifically: Adding the subjects of decentralization as the People's Council and the Chairman of the People's Committee at the provincial level; Adding a monitoring, evaluation and supervision mechanism to promptly adjust the contents of decentralization and delegation; Empowering the Chairman of the People's Committee at the provincial level to directly direct and manage the settlement of issues within the tasks and powers of specialized agencies, other administrative organizations under his/her level and of the People's Committee and the Chairman of the People's Committee at the commune level, not allowing the settlement of work and administrative procedures for people and businesses to be delayed, congested, and ineffective.
Minister of Home Affairs Pham Thi Thanh Tra reports on receiving and explaining the Draft Law
Regarding the tasks and powers of local governments, based on the principles of delimitation of authority, the draft Law has comprehensively redesigned the tasks and powers of local governments at two levels (provincial and communal levels), ensuring clear delineation, without duplication or overlap in the tasks and powers of each level of government, in accordance with the modern local governance model; at the same time, creating a legal basis for specialized laws to base on the provisions of this Law to specifically stipulate the tasks and powers of local governments at provincial and communal levels in specialized fields.
In response to the opinions of the National Assembly deputies, the Government has reviewed and revised the regulations on local government at the provincial and communal levels as follows: Adjusting a number of tasks and powers of the People's Committee for the Chairman of the People's Committee (the Provincial People's Committee has 12 groups of tasks and powers; the Chairman of the Provincial People's Committee has 23 groups of tasks and powers; the Commune People's Committee has 10 groups of tasks and powers; the Chairman of the Commune People's Committee has 17 groups of tasks and powers); Adding regulations that the Chairman of the People's Committee is allowed to decide on the tasks and powers of the People's Committee (except for the contents that require collective discussion of the People's Committee) and report to the People's Committee at the nearest People's Committee meeting. This is a strong reform step to promote the responsibility of the head, creating a driving force for innovation in local governance.
Accordingly, these provisions of the Law will ensure the promotion of initiative, creativity, flexibility, and enhance the responsibility of the Chairman of the People's Committee, the effectiveness and efficiency of state administrative management and administration at the local level in accordance with practical requirements.
Delegates vote
Regarding the organization and operation of local governments, the Draft Law has combined selective inheritance and innovation to perfect the regulations on the organization and operation of two-level local governments. At the same time, absorbing the opinions of National Assembly deputies, the Government has continued to revise and perfect these contents in the Draft Law.
Specifically: The regulation of the People's Council at the commune level has 02 Committees, which are the Economic - Budget Committee and the Cultural - Social Committee; Maintain the number of People's Council delegates at the provincial and communal levels within the minimum and maximum framework (In particular, the number of People's Council delegates of Ho Chi Minh City and Hanoi City has 125 delegates); The principled regulation in the draft Law "The Chairman, Vice Chairman, Head, Deputy Head of the People's Council at the provincial and communal levels, members of the Committees of the People's Council at the provincial level can be full-time People's Council delegates" and assign "the Standing Committee of the National Assembly to specifically stipulate the number of Vice Chairmen, Deputy Heads of the People's Council at the provincial and communal levels, the arrangement of full-time People's Council delegates at the provincial and communal levels" to ensure flexibility, suitability with the reality of the country and localities according to each stage of the country's development or when there are new policies and orientations of competent authorities, it is not necessary to amend or supplement these provisions of the Law.
Regarding the resolution of issues related to the conversion of the local government model from 3 levels to 2 levels, the conversion from 3-level to 2-level local government model is an important and historic reform step. To ensure continuity, smoothness and stability in this conversion process, the draft Law has fully and comprehensively regulated and taken into account issues that may arise in practice, from the organization of the apparatus, personnel to administrative procedures and operating mechanisms. At the same time, absorbing the opinions of National Assembly deputies and based on Conclusion No. 167-KL/TW dated June 13, 2025 of the Politburo and the Secretariat, the draft Law has revised and supplemented the provisions.
Source: https://bvhttdl.gov.vn/quoc-hoi-thong-qua-luat-to-chuc-chinh-quyen-dia-phuong-sua-doi-xac-lap-mo-hinh-to-chuc-chinh-quyen-dia-phuong-2-cap-20250616103202576.htm
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