Announcement of the President's Order on 3 laws passed by the National Assembly

On the morning of February 28, at the Presidential Palace, the Office of the President held a press conference to announce the President's Order promulgating three laws passed by the 15th National Assembly at the 9th Extraordinary Session, including the Law amending and supplementing a number of articles of the Law on Organization of the National Assembly; the Law on Organization of the Government; and the Law on Organization of Local Government.

Deputy Head of the Office of the President Pham Thanh Ha chaired the press conference.

Innovation in thinking in law making

The Law amending and supplementing a number of articles of the Law on Organization of the National Assembly takes effect immediately after being passed by the National Assembly (February 17, 2025). This Law amends and supplements 21 articles and repeals 17 articles of the Law on Organization of the National Assembly.

Notably, the amended and supplemented Law stipulates the division of authority between the National Assembly, the Government and other agencies in the state apparatus, in order to specify the content of innovation in thinking in law-making work, clearly define the scope of content that needs to be regulated by law and resolution of the National Assembly and provide principles and orientations on the level of detail that needs to be regulated in the law, as a basis for implementing the authority of the National Assembly to make and amend laws.

The Law amends and supplements regulations on the Secretary General of the National Assembly, the Office of the National Assembly, and agencies under the Standing Committee of the National Assembly, such as defining the Secretary General of the National Assembly as also the Head of the Office of the National Assembly; it does not stipulate regulations on the Deputy Secretary General, the Secretariat, and agencies of the Standing Committee of the National Assembly.

The Law also amends and supplements a number of provisions related to the activities of the National Assembly, the National Assembly Standing Committee, the National Assembly agencies and National Assembly deputies such as: the National Assembly taking a vote of confidence, voting for confidence in people holding positions elected or approved by the National Assembly; the participation of National Assembly deputies as members and participating in the activities of the National Assembly Council and Committees; cases of temporary suspension of the performance of duties, powers of National Assembly deputies and the authority of the National Assembly Standing Committee in drafting laws, ordinances, resolutions, and operating budget of the National Assembly; National Assembly sessions.

Improve the effectiveness and efficiency of state management

The Law on Government Organization consists of 5 chapters and 32 articles, effective from March 1, 2025.

The Law has resolved the relationship between the Government and agencies in the state apparatus, between agencies exercising executive power and agencies exercising legislative power, and agencies exercising judicial power.

The Law has clarified the duties, powers and authority of the Prime Minister as the head of the Government, leading and taking responsibility for the operations of the state administrative system from the central to local levels; highlighting the Prime Minister's duties in leading, directing and operating the operations of the state administrative system from the central to local levels.

The provisions of the Law have clarified the authority of Ministers and Heads of ministerial-level agencies as heads of ministries and as members of the Government. In particular, the responsibility of Ministers and Heads of ministerial-level agencies as members of the Government is emphasized, responsible to the Government for state management of sectors and fields as assigned by the Government.

In this capacity, the Minister and Head of a ministerial-level agency are personally responsible to the Prime Minister, the Government and the National Assembly for the sectors and fields assigned to them for management; and explain and answer questions from National Assembly deputies.

The Law clarifies the relationship between the Government, the Prime Minister, Ministers, Heads of ministerial-level agencies and local authorities through the principles of decentralization, decentralization, delegation, ensuring adherence to the motto: "locality decides, locality acts, locality takes responsibility", creating a mechanism to promptly resolve institutional difficulties and problems, freeing up resources, contributing to improving the effectiveness and efficiency of state management from the central to local levels.

Expanding the scope of the authorizing and authorized subjects

The Law on Organization of Local Government 2025 consists of 7 chapters and 50 articles, taking effect from March 1, 2025.

Notably, the Law stipulates 1 chapter on the division of authority, decentralization, delegation, and authorization between local authorities at all levels.

The Law stipulates 7 principles for the division of authority, including new contents such as clearly defining the content and scope of tasks and powers that local authorities are allowed to decide, organize implementation and be responsible for the results; ensuring no duplication or overlap of tasks and powers between agencies and between local authorities at all levels; and being suitable to the capacity and conditions for performing tasks of local authorities at all levels.

Agencies, organizations and individuals assigned to perform tasks and exercise powers of superior state agencies are guaranteed the necessary conditions to perform their tasks and exercise powers.

In addition, the Law stipulates the contents of ensuring power control; supervision and inspection responsibilities of superior state agencies; meeting local governance requirements; application of science and technology, innovation and digital transformation...

To encourage the proactive and creative spirit of localities, the Law supplements the provision: "Local authorities shall proactively propose to competent authorities on decentralization and delegation of authority to competent agencies, organizations and individuals in the locality to perform tasks and powers in accordance with the capacity and practical conditions of the locality."

Regarding decentralization, the Law clearly stipulates that decentralization to local authorities at all levels must be stipulated in laws and resolutions of the National Assembly.

Local authorities are autonomous in making decisions, organizing implementation and taking responsibility within the scope of their assigned tasks and powers.

The superior state agencies, within the scope of their tasks and powers, are responsible for examining, inspecting, and supervising the constitutionality and legality of the performance of decentralized tasks and powers by local authorities at all levels.

Regarding decentralization, the Law clearly stipulates the decentralizing subject and the decentralizing recipient, and the responsibility of the decentralizing agency in ensuring the conditions for implementing decentralization.

The agency receiving the delegation is responsible before the law and before the decentralizing agency for the results of the implementation of the delegated tasks and powers; it is not allowed to continue decentralizing the tasks and powers it has received; and it regulates the adjustment of administrative procedures in case of decentralization.

Regarding authorization, compared with the 2015 Law, the Law clarifies and expands the scope of the authorizing subject and the authorized subject; clearly stipulates the requirements of authorization, the responsibilities of agencies in authorizing and performing authorized tasks, the use of seals and forms of documents when performing authorized tasks, and the adjustment of administrative procedures in cases of authorization...