This authority, recently codified in the revised Law on Government Organization, underscores the need for swift decision-making during crises.

On the morning of February 18, the National Assembly approved amendments to the Law on Government Organization with 463 out of 465 members voting in favor, accounting for 96.86% of the total delegates.

Prime Minister to respect ministerial authority

Explaining the revisions before the vote, Hoang Thanh Tung, chairman of the National Assembly's Law Committee, stated that the amendments introduce new mechanisms and policies aimed at significantly improving the division of power, delegation, and authorization within the government.

The changes are intended to align with the Party’s directive to enhance decentralization, empower local decision-making, and strengthen the accountability of government leaders. These reforms aim to eliminate administrative bottlenecks, facilitate economic development, and enable proactive responses to domestic and global challenges, thereby promoting national growth.

One of the key revisions defines the government’s responsibilities. Clause 8, Article 10 states: “With the approval of the appropriate authority, the government may request the National Assembly’s Standing Committee to authorize actions deviating from current laws, resolutions, or ordinances if such measures are necessary to mobilize resources for national programs or major projects. The government must then report to the National Assembly at the next session.”

Another significant amendment is Clause 4, Article 13, which stipulates that “In cases of critical necessity for national interests, disaster prevention, epidemic control, and the protection of lives and property, the Prime Minister is authorized to implement emergency measures beyond existing legal provisions, with a subsequent report to the Party and National Assembly at the earliest opportunity.”

Clarifying jurisdiction between the Prime Minister and ministers

Regarding the principle of power distribution (Article 6), some lawmakers raised concerns over the provision stating that “The Prime Minister shall not decide on specific matters under the jurisdiction of ministers and heads of government agencies.” They argued that this wording was unclear and conflicted with the Prime Minister’s authority to resolve disputes between ministers or agency heads.

Others suggested adding a clause stating that “In necessary cases, the government or the prime minister may intervene in lower-level issues to ensure timely, flexible, and effective governance.”

In response, the National Assembly’s Standing Committee revised the wording to clearly delineate the prime minister’s powers while ensuring practical governance effectiveness. The final law states:

“The Prime Minister is the head of the government, leading governmental activities and bearing responsibility before the National Assembly. The Prime Minister shall not intervene in matters under the jurisdiction of ministers and agency heads as assigned by the government. However, when necessary, the government and prime minister may direct and oversee the resolution of issues within the duties and powers of ministers, agency heads, and local authorities.”

Regarding ministerial oversight, some lawmakers proposed that the prime minister should have the power to request a vote of confidence against underperforming ministers. The Standing Committee noted that beyond the National Assembly’s confidence vote mechanism, the revised law already holds ministers and agency heads personally accountable to the prime minister, the government, and the National Assembly for their respective sectors.

Additionally, the law empowers the Prime Minister to submit nominations for deputy prime ministers, ministers, and agency heads for National Assembly approval. If necessary, the Prime Minister may propose temporary suspensions of these officials to the president when the National Assembly is not in session.

These provisions aim to strengthen oversight and accountability of key government officials.

Decentralization and delegation of authority

A core focus of the revised law is the clear division of power among different levels of government. The amendments are aligned with the draft Law on Local Government Organization, ensuring consistency in decentralization efforts.

Local governments are granted full autonomy over matters specifically delegated to them by national laws and resolutions. They are responsible for independently making decisions and executing their duties without requiring approval from higher authorities.

To ensure effective delegation, the Standing Committee has reviewed and clarified which entities have the authority to delegate responsibilities and which entities are authorized to receive them. The law also outlines the conditions and procedures for delegation to ensure smooth implementation.

The law establishes a structured approach: sector-specific legal frameworks will determine which matters cannot be delegated. In cases where lower levels lack the capacity to carry out assigned duties, they may request adjustments to the delegation arrangement.

This aligns with the Party’s directive that “responsibilities should be directly assigned to the level that performs best and most efficiently.”

As the foundational law governing government organization, this legislation establishes general principles. Detailed sectoral regulations will be determined through specific laws tailored to each field to ensure flexibility and practical applicability.

The revised Law on Government Organization consists of five chapters and 32 articles and will take effect on March 1.

Thu Hang