The shape of local government after merging provinces and communes, eliminating district level

The draft Law on Organization of Local Government (amended) recently drafted by the Ministry of Home Affairs introduces many new contents related to the two-level government model.

No more district level, no more towns

Accordingly, Article 1 of the draft law stipulates that administrative units include: Provinces and centrally-run cities (hereinafter referred to as provincial level); administrative units below the provincial level include: communes, wards, and special zones on islands (hereinafter referred to as grassroots level).

In particular, special economic zones on islands are established by the Standing Committee of the National Assembly in accordance with population size, natural area, geographical and residential conditions, socio-economic development requirements, and national defense and security.

In addition, the bill also stipulates special administrative-economic units established by decision of the National Assembly.

Article 2 of the draft law stipulates the organization of local governments in administrative units. Specifically, local governments in rural areas include local governments in provinces and communes. Local governments in urban areas include local governments in centrally run cities and wards. Local governments in islands are local governments in special zones.

The draft law stipulates that local governments at provincial and grassroots levels both organize People's Councils and People's Committees. People's Councils operate under a collective regime and make decisions by majority vote.

The Ministry of Home Affairs proposes to reorganize current commune-level administrative units to form grassroots administrative units including communes, wards and special zones on islands; abolish towns with natural areas and population sizes reaching 300% or more of commune-level standards according to current regulations.

Most of the district's tasks and powers are assigned to the commune.

The Ministry of Home Affairs also proposed amending regulations on the division of tasks and powers of local authorities at provincial and grassroots levels.

The provincial level focuses on promulgating mechanisms, policies, strategies, planning, macro-management, inter-regional and inter-institutional issues that exceed the capacity of the grassroots to resolve, require deep expertise and ensure consistency across the province.

In addition to the tasks and powers of the provincial-level local government according to current regulations, some tasks and powers of the district-level local government (before dissolution) are transferred beyond the implementation capacity of the grassroots-level local government (newly arranged).

The grassroots level is the level of policy implementation organization (from the central and provincial levels), focusing on tasks of serving people, directly solving community problems, providing basic public services...

In addition to the tasks and powers according to current regulations, most of the tasks and powers of district-level local authorities are transferred to grassroots-level local authorities.

Accordingly, most of the tasks and powers of the district local government are transferred to the commune local government.

And transfer most of the tasks and powers of the local government of districts, provincial cities, centrally run cities, and towns to the local government of wards.

With the principle of giving priority to the grassroots level, if the grassroots level performs well, then decentralize and delegate authority to the grassroots level to perform; except for tasks beyond capacity, only then will the provincial level be assigned to perform.

The draft law stipulates that based on practical situations, provincial-level local authorities shall promote decentralization and delegate their tasks and powers to grassroots-level local authorities.

In particular, it is necessary to promote decentralization and authorization to local ward authorities to manage and develop urban areas, develop urban economy, and promote decentralization and authorization to local authorities of special zones to grant autonomy in State management in island areas.

The organizational structure at the grassroots level is designed like a small district level.

Regarding the organization of the provincial-level local government, it is basically the same as the current regulations. The draft law only increases the appropriate number of provincial-level People's Council delegates to match the merger and adds a provision that the members of the Provincial People's Council Committee can be full-time delegates as prescribed by the National Assembly Standing Committee to inherit the provisions in the National Assembly's Resolutions on the organization of urban governments.

Regarding the organization of the local government apparatus at the grassroots level, the draft law stipulates that the organizational structure of the People's Council and People's Committee at the grassroots level (commune, ward, special zone) is basically designed as for the People's Council and People's Committee at the district level (before dissolution) but on a smaller scale.

Accordingly, the maximum number of delegates to the People's Council at the grassroots level is 40 delegates (for communes with isolated locations that do not undergo reorganization and have a small population, it will basically remain the same as prescribed by the current Law); the People's Council at the grassroots level has 2 Committees: the Legal Committee and the Economic - Social Committee; the People's Committee at the grassroots level is allowed to organize specialized agencies with appropriate numbers.

Propose that the People's Committee at the grassroots level have 5 specialized agencies, including: Office (advising on the implementation of general tasks of the Party Committee, People's Council, and People's Committee at the grassroots level); Economic Department (for communes and special zones) or Economic, Infrastructure and Urban Department (for wards and special zones in Phu Quoc); Department of Internal Affairs and Justice; Department of Culture and Society and Public Administration Service Center).

The Draft Law inherits current regulations on regular meetings of the People's Council at least twice a year and specialized meetings or meetings to resolve unexpected matters.