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At the 15th legislature’s 9th extraordinary session |
Coming into force on March 1, the 2025 Law on Organization of Local Administration (the Law) replaces its 2015 version, except the case mentioned in Article 50.3 of the Law.
With 50 articles arranged in seven chapters, the Law devotes one chapter to regulate the competence, delegation of powers, decentralization and authorization to local administrations.
The legislation states that the delegation of powers to local governments at all levels must be specified in laws and resolutions of the National Assembly, clearly defining the implementing subjects, and scope of tasks and powers, ensuring adherence to the principles of determination of the competence, and conformity with the tasks and powers of local authorities at all levels.
It also stipulates that local administrations may proactively propose to competent agencies the decentralization and delegation of powers to competent agencies, organizations and individuals in localities to perform tasks and powers suitable to local capacity and practical conditions.
The Law says that the local administration in provincial-, district- and commune-level administrative units consists of the People's Council and the People's Committee. If the National Assembly stipulates that no local government is organized in a specific administrative unit, such unit will have only the People's Committee. In this case, the People's Committee will perform the state management tasks in the locality without being subject to direct supervision by the People's Council.
The Law also provides the working relationships between local administrations and the Vietnam Fatherland Front Committee and local socio-political organizations.
It also defines the principles for organization of administrative units and conditions for the establishment, dissolution, merger and division of administrative units; and adjustment of the boundaries of administrative units. In addition, the Law defines the competence to decide on the establishment, and the order and procedures for the establishment, dissolution, merger and division of administrative units, adjustment of boundaries, and renaming of, administrative units.- (VLLF)