The draft resolution aims to concretize the contents mandated by the law, while simultaneously delineating the jurisdiction of the People’s Council, the People’s Committee, and the Chairman of the HCMC People’s Committee in issuing specific documents.
The HCMC People’s Committee asserts that the Law on Urban Development has broadened the mechanism for the city to proactively issue legal documents in certain distinctive scenarios. Specifically, the city can enact regulations that diverge from those of central state agencies, or regulate matters not yet covered by the Government, the Prime Minister, ministries, and ministerial-level agencies, ultimately aiming to satisfy the city’s management and developmental demands.
However, according to the HCMC People’s Committee, the current process for formulating legal documents doesn’t fully encompass the nature of these specific cases. Therefore, it’s absolutely necessary to have concrete, unified regulations on the sequence and procedures for drafting and issuing legal documents to avoid confusion in determining jurisdiction and execution methods, as well as allocating responsibilities among various agencies.
It’s proposed in the draft resolution that
- The HCMC People’s Council will issue documents modifying administrative procedures currently stipulated in the legal texts of the National Assembly and its Standing Committee, or procedures where central legal documents require explicit approval or passage by the HCMC People’s Council;
- The HCMC People’s Committee issue documents adjusting administrative procedures currently set out in the regulations of the Government and the Prime Minister;
- The Chairman of the HCMC People’s Committee will issue documents modifying administrative procedures currently governed by ministerial and ministerial-level agency frameworks, aiming to execute the tasks and powers of the city’s subordinate organizations.
The new regulations must pivot towards simplifying procedures, facilitating organizations and individuals in applying science, technology, innovation, and digital transformation. These regulations can’t stipulate additional dossier components, or hike up requirements, conditions, or processing times compared to the currently applied procedures.
Regarding distinctive measures suited to the city’s developmental requirements, the HCMC People’s Committee proposes separating the jurisdiction between the municipal People’s Council and People’s Committee.
Accordingly, the HCMC People’s Council will issue documents regulating specific measures, except in cases strictly falling under the issuance authority of the City People’s Committee or its Chairman.
The HCMC People’s Committee explains that this aforementioned delineation aims to ensure robust power control and maintain a collective decision-making mechanism, effectively sidestepping situations where a single agency both organizes execution and decides on policies with a massive, inter-sectoral impact or a direct influence on the legitimate rights of citizens and businesses.
According to the draft resolution, formulating and issuing documents to execute the Law on Urban Development must strictly comply with the laws on promulgating legal documents and the unique requirements laid out in the resolution.
As a rule of thumb, shortened sequences and procedures won’t be applied, except when temporarily suspending the validity of all or part of a document, or abolishing it entirely.
For cases where HCMC proposes piloting mechanisms and policies, the draft dictates that building a pilot resolution must strictly adhere to the law on legal documents and the specific regulations within the resolution. Simultaneously, it must ensure alignment with the principles and scope of piloting mechanisms under the Law on Urban Development.
Shortened procedures can’t be applied here either, except instances of fully or partially suspending the validity of or abolishing a document.
Before proposing the formulation of a pilot resolution, the presiding agency must conduct practical surveys and comprehensively summarize similar models if any exist, thereby compiling a proposal dossier. This agency must also organize robust consultations on policies and other crucial aspects of the proposal through conferences, seminars, or written consultations.
In scenarios where the pilot mechanisms and policies deeply impact special urban regions, the proposing agency also bears the responsibility of soliciting feedback from the provincial-level People’s Committees in the relevant localities.
