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Promoting decentralization in state management in Lao Cai province

Việt NamViệt Nam23/04/2024

Accordingly, promoting decentralization in state management in Lao Cai province must comply with the principles and authorities prescribed by the Law on Organization of Local Government; Law on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Government; Resolution No. 04/NQ-CP dated January 10, 2022 of the Government on promoting decentralization and delegation of power in state management; Decision No. 1015/QD-TTg dated August 30, 2022 of the Prime Minister approving the decentralization plan in handling administrative procedures under the management of ministries, ministerial-level agencies and regulations of specialized laws in the fields of state management.

In addition, decentralization must be consistent with the conditions, management level and ability to undertake decentralized tasks of each locality and unit; ensuring that there is no difference in organizational structure or total staffing between the agency with the task of decentralization and the agency being decentralized.

The project clearly states the content and areas of decentralization including:

The work has been decentralized after Resolution No. 04/NQ-CP dated January 10, 2022 of the Government, including 6 contents :

(1) Resolution No. 18/2022/NQ-HDND dated December 7, 2022 of the People's Council of Lao Cai province decentralizing the authority to decide on the management and use of public assets under the management of Lao Cai province.

(2) Decision No. 05/2022/QD-UBND dated January 18, 2022 of Lao Cai Provincial People's Committee on decentralization in personnel management.

(3) Decision No. 37/2022/QD-UBND dated September 13, 2022 of Lao Cai Provincial People's Committee stipulating a number of contents on price appraisal in cases of purchasing or leasing state assets in Lao Cai province.

(4) Decision No. 42/2022/QD-UBND dated October 25, 2022 of Lao Cai Provincial People's Committee promulgating Regulations on a number of contents on decentralization of management and organization of implementation of national target programs, period 2021 - 2025 in Lao Cai province.

(5) Decision No. 26/2023/QD-UBND dated September 19, 2023 of Lao Cai Provincial People's Committee amending Point b, Point c, Clause 2, Article 5 of the Regulation on a number of contents on decentralization of management and organization of implementation of national target programs, period 2021 - 2025 in Lao Cai province, issued together with Decision No. 42/2022/QD-UBND dated October 25, 2022.

(6) Decision No. 34/2023/QD-UBND dated November 27, 2023 of Lao Cai Provincial People's Committee amending and supplementing a number of articles of the Regulation on a number of contents on management of construction investment projects and management of construction quality in Lao Cai province, issued together with Decision No. 39/2021/QD-UBND dated July 20, 2021.

The work continues to be decentralized and the content that needs to be revised, supplemented or newly issued in state management by sector and field includes 10 contents in 6 fields: Natural Resources and Environment, Agriculture and Forestry, Construction, Industry and Trade, Science and Technology, and Home Affairs.

(1) Construction field 3 contents:

- The Provincial People's Committee decentralizes to the District People's Committees the responsibility to receive and hand over the management of technical infrastructure and social infrastructure works of the Urban Development Investment Project (the Department of Construction shall preside over and coordinate with agencies, units, and District People's Committees to advise the Provincial People's Committee to issue a Decision for implementation; implementation time in the third quarter of 2024) .

- The Provincial People's Committee decentralizes to the District People's Committees to establish, appraise and approve the regulations on management of rural residential architecture in Lao Cai province (the Department of Construction shall preside over and coordinate with agencies, units and District People's Committees to advise the Provincial People's Committee to issue a Decision for implementation; implementation time from the third quarter of 2024).

- Decentralization from Lao Cai City People's Committee to Commune and Ward People's Committees to issue Construction Permits for individual houses in Lao Cai City (Lao Cai City People's Committee presides over and coordinates with the Department of Construction to issue a Decision on decentralization to Commune-level People's Committees for implementation; implementation time from the fourth quarter of 2024).

(2) Agriculture and Forestry sector 2 contents:

- The Provincial People's Committee delegates authority to the Department of Agriculture and Rural Development to organize the appraisal of the content of the proposal for approval of the policy of changing forest use purposes (the Department of Agriculture and Rural Development shall preside over and coordinate with agencies, units, and district-level People's Committees to advise the Provincial People's Committee to issue a Decision for implementation; implementation time in the third quarter of 2024).

- The Provincial People's Committee shall delegate authority to the Department of Agriculture and Rural Development to approve the budget, design and notify the project owner in writing of the time and amount to be paid to carry out replacement forestation in cases where the project owner does not plant replacement forests by himself when changing the purpose of forest use to another purpose in Lao Cai province (the Department of Agriculture and Rural Development shall preside over and coordinate with agencies, units, and district-level People's Committees to advise the Provincial People's Committee to issue a Decision for implementation; implementation time in the third quarter of 2024).

(3) Industry and Trade sector 2 contents:

- Decentralization from the District People's Committee to the Commune People's Committee: Granting retail alcohol licenses to households (The Department of Industry and Trade shall preside over and coordinate with the District People's Committee to issue a Decision on decentralization to the Commune People's Committee for implementation; implementation time in the third quarter of 2024).

- Decentralization from the District People's Committee to the Commune People's Committee: Granting tobacco retail licenses to households (The Department of Industry and Trade shall preside over and coordinate with the District People's Committee to issue a Decision on decentralization to the Commune People's Committee for implementation; implementation time from the third quarter of 2024).

(4) Science and Technology field 1 content:

Decentralization from the Provincial People's Committee to the Department of Science and Technology in the field of atomic energy: Granting, amending, supplementing, extending, and re-granting Licenses to conduct radiation work using medical diagnostic X-ray equipment and granting and re-granting Radiation Worker Certificates to persons in charge of safety at facilities using medical diagnostic X-rays in the province (Department of Science and Technology presides over and coordinates with agencies and units to advise the Provincial People's Committee to issue a Decision on decentralization to the Department of Science and Technology for implementation; implementation time in the third quarter of 2024).

(5) Field of Natural Resources and Environment 1 content:

The Provincial People's Committee decentralizes to the Department of Natural Resources and Environment the approval of applications for licensing, extension, adjustment, re-issuance, suspension, revocation of licenses, approval and adjustment of fees for granting water resource exploitation rights in Lao Cai province; approval and adjustment of fees for granting water resource exploitation rights; plans for placing boundary markers to determine the protection scope of hydroelectric dams in the province (the Department of Natural Resources and Environment presides over and coordinates with agencies and units to advise the Provincial People's Committee to issue a Decision on decentralization to the Department of Natural Resources and Environment for implementation; implementation time in the fourth quarter of 2024).

(6) Internal Affairs 01 content:

The Provincial People's Committee decentralizes to agencies, units, and localities a number of contents regarding Organization, apparatus, job positions, staff organization, and policies to ensure compliance with regulations (The Department of Home Affairs presides over and coordinates with agencies and units to advise the Provincial People's Committee to issue a Decision on decentralization for agencies, units, and localities to implement; implementation time in the fourth quarter of 2024).

In addition to the above contents, departments, branches and People's Committees of districts, towns and cities closely follow Resolution No. 04/NQ-CP, Decision No. 1015/QD-TTg to proactively advise and propose to the Provincial People's Committee to promote decentralization of state management; focusing on 13 sectors and fields after the provisions of specialized laws are amended, supplemented, replaced or newly issued accordingly, including: Planning and Investment, Finance, Industry and Trade, Agriculture and Rural Development, Transport, Construction, Natural Resources and Environment, Information and Communications, Culture, Sports and Tourism, Education and Training, Health, Home Affairs, Science and Technology...

The project to promote decentralization in state management in Lao Cai province aims to concretize the Party's viewpoints and guidelines, the State's policies and laws on promoting and perfecting the decentralization mechanism in state management. Clearly define the tasks and powers, authority and responsibility of the Provincial People's Committee with departments, branches and localities in conjunction with perfecting the legal system; ensure that the government apparatus at all levels operates smoothly and uniformly, promptly resolving requests from people, businesses and society; create proactiveness and self-responsibility in handling work of decentralized agencies and individuals. At the same time, minimize the mechanism of agreement, acceptance, giving opinions or approval at higher levels for issues that have been specifically regulated by procedures, conditions, standards, etc.

In the period of 2016 - 2021, Lao Cai province has focused on promoting decentralization in 5 key areas with 10 contents including: Finance (1 content), Natural Resources and Environment (3 contents), Home Affairs (1 content), Agriculture - Forestry (3 contents), Traffic, Transport - Construction (2 contents).


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