The Transition to a Two-Tier Government: A Landmark in Vietnam’s Legislative History

On May 14, after listening to the discussions in the National Assembly hall, Minister of Home Affairs Pham Thi Thanh Tra took the floor to clarify some issues raised by the National Assembly deputies related to the draft Law on Organization of Local Government (amended).

On behalf of the drafting agency, Minister Pham Thi Thanh Tra acknowledged and maximally absorbed the opinions to perfect the draft law. The speeches were very insightful, comprehensive, practical, and pertinent, contributing to the meaningful legislative process of the country’s administrative system. This is considered a historic milestone in Vietnam’s law-making process, as for the first time in nearly 80 years since the establishment of the country, based on the Party’s guidelines, the National Assembly is considering and will decide to change the model of local government from three levels to two levels.

“This is a comprehensive institutional and administrative reform with a profound creative nature, reflecting the strategic vision and determination to renew the Politburo, the Central Executive Committee of the Communist Party of Vietnam, the National Assembly, and the Government to usher the country into a new era,” said Minister Pham Thi Thanh Tra.

Minister Pham Thi Thanh Tra outlined some of the overarching principles and elements of the draft Law on Organization of Local Government (amended). Accordingly, to transform the local administration, the drafting agency built the law on four fundamental factors: establishing a holistic legal structure for the two-tier local government, adhering to relevant provisions of the amended Constitution, and embodying the Party’s guidelines in the spirit of Resolution No. 60 of the 11th Central Executive Committee. This is in line with the Party’s broader agenda for a comprehensive streamlining of the political system’s organizational apparatus, with the ultimate goal of establishing a two-tier local government.

Building upon, supplementing, and delineating the authority for decentralization, devolution, and delegation form the legal basis for the entire specialized legal system, which will be amended, supplemented, or newly built.

Clarifying the competencies, tasks, and powers of each tier of local government is essential to meet the demands of local governance in the new situation and the country’s new stage of development.

Establishing a comprehensive legal basis to address all difficulties, barriers, and obstacles in transitioning from a three-tier to a two-tier local government is crucial. This transition should be coupled with immediate decentralization, devolution, and delegation in line with the Politburo and Central Executive Committee’s guidelines for local governments to achieve their objectives.

Minister Pham Thi Thanh Tra also provided explanations on issues of concern to the deputies, including principles of demarcation, devolution, decentralization, and delegation; the organization and operation of local governments; and the tasks and powers of local governments…

“Immediately following this session, the Government will issue 25 decrees to ensure the timely implementation of the two-tier local government model and the timely delegation of authority to local governments,” assured Minister Pham Thi Thanh Tra.