Commenting on the draft Law on Promulgation of Legal Documents (amended), National Assembly Chairman Tran Thanh Man said that ministers and heads of sectors must take ultimate responsibility for law-making; this cannot be delegated to deputy ministers and department heads.
Significantly reduce the number of chapters and articles compared to current
On February 12, continuing the 9th Extraordinary Session of the 15th National Assembly, delegates discussed in groups about Draft Law on Promulgation of Legal Documents (amended) and Law on amending and supplementing a number of articles of the Law on Organization of the National Assembly.
National Assembly Chairman Tran Thanh Man speaks at the discussion session.
National Assembly Chairman Tran Thanh Man said that according to the Government's submission, the draft Law on Promulgation of Legal Documents (amended) is structured into 8 chapters and 72 articles (9 chapters and 101 articles less than the 2015 Law).
The number of articles reduced or removed from the law are provisions on decrees and circulars, implemented in accordance with the new viewpoint on law-making, which is a matter under the authority of the National Assembly, the National Assembly will regulate, and the Government will issue decrees and circulars to proactively manage.
At the same time, the National Assembly Chairman emphasized that the direction is to strengthen the role of the submitting agency; the submitting agency must take ultimate responsibility.
"Previously, the agency would do 50-60% of the work and then send it to the National Assembly Standing Committee; the Nationalities Council and the National Assembly Committees had to work very hard. There is a law that the Chairman and Vice Chairman of the National Assembly must sit in 7-8 meetings.
I have reminded in the meetings of the National Assembly Standing Committee that ministers and heads of sectors must take ultimate responsibility in law-making; it cannot be assigned to deputy ministers and department heads," the National Assembly Chairman stated.
The National Assembly Chairman agreed to supplement the Government's resolution as a legal document to properly implement the direction of competent authorities.
He suggested carefully reviewing the provisions on the content of the Government's resolution in Clause 2, Article 4, to avoid duplication of content when issuing decrees.
The National Assembly Chairman also agreed with the direction of innovation in the legislative process in the direction that draft laws and resolutions will, in principle, be considered and approved in one session, but only provided a general regulation that different opinions will be discussed at the session.
Minister of Transport Tran Hong Minh (Cao Bang National Assembly Delegation) spoke at the discussion group on February 12.
Giving comments at the group, Minister of Transport Tran Hong Minh (Cao Bang National Assembly Delegation) agreed that it is necessary to promulgate the above two laws to perfect the legal framework and create unity, synchronization, transparency, feasibility, accessibility, effectiveness, efficiency, creating new momentum for the country's sustainable and industrial development in the new era.
In particular, it is necessary to develop laws on promulgating legal documents in a direction that focuses on the sustainability, long-term, and stability of the law, avoiding the situation of having to continuously amend and supplement legal documents.
Delegate La Thanh Tan (Hai Phong Delegation) agreed to remove the normative legal documents from the system of commune-level legal documents, and requested the drafting agency to review and consider adding regulations and sanctions on the responsibilities of delegations when giving opinions on the policy-making and law-drafting process, thereby promoting the role of delegates.
At the same time, delegates said that there should be regulations on suspension and termination of the validity of legal documents; Consider adding the establishment of a drafting committee to develop legal documents.
Clarifying the concepts of "policy consultation" and "seek/ask for opinions"
Speaking at the discussion session of Group 10, delegate Hoang Huu Chien - National Assembly Delegation of An Giang province said that compared to the current law, the new point of the draft Law on Promulgation of Legal Documents (amended) is the provision on policy consultation. However, it is suggested that it is necessary to clarify the issue of "policy consultation" and the issue of "getting/asking for opinions".
According to delegate Chien, if these two issues are not clarified, it will cause difficulties for the agencies that collect opinions and the agencies that are consulted.
Delegate Hoang Huu Chien - National Assembly Delegation of An Giang province spoke at the group.
According to current law, only agencies such as the Nationalities Council, National Assembly Committees, and ministerial-level agencies can be consulted on policies.
Thus, broader and more open consultation is not possible. Meanwhile, the Ethnic Council, the National Assembly Committees, and ministerial-level agencies are also subjects of consultation. Thus, there are both documents requesting opinions and documents for policy consultation, making it difficult to ensure independence and transparency.
Emphasizing that "consultation" is broader than "getting/asking for opinions" and "getting/asking for opinions" is just one step in the law-making process, delegate Hoang Huu Chien gave an example, the issue of nuclear power can be consulted internationally, with leading nuclear experts... even with the people.
Therefore, the delegate proposed clarifying the concept of "consultation" in the explanation of terms in Article 3 of the draft Law to ensure independence and transparency, helping policy-making agencies.
Regarding the form of policy consultation, delegate Hoang Huu Chien said that in the current context, it is very difficult to consult only through conferences, so he suggested expanding the form of consultation.
"For example, international experts cannot always attend meetings to provide policy consultation. In the information technology age, we should be more flexible in the form and method of policy consultation to bring about better results.
Therefore, in Article 30 of the draft Law on collecting opinions and policy consultation, the issue of collecting opinions (including process, procedures, and subjects) should be separated from the issue of policy consultation because this is a new issue, and further research on legislative techniques should be conducted," the delegate suggested.
Sharing the same view, Vice Chairman of the National Assembly Tran Quang Phuong said that the purpose and nature of consultation is to create consensus and the policy consultation process is a continuous process, from discovering practices, forming policy intentions, to policy planning, discussing and approving policies, and then issuing laws on policies.
Vice Chairman of the National Assembly, Senior Lieutenant General Tran Quang Phuong spoke at the meeting.
"The subjects of consultation are individuals, organizations, experts, scientists and people. The process of collecting people's opinions on information portals is the process of policy consultation," the Vice Chairman of the National Assembly stated.
Emphasizing that "consulting/asking for opinions" from agencies is a legislative process, Vice Chairman of the National Assembly Tran Quang Phuong suggested that it is necessary to be clear between consultation and asking for opinions.
"When to ask for opinions and when to examine must be clarified. It is necessary to separate consultation, asking for opinions and the right to examine. If there is no clear separation, it will not be true to the nature of consultation , " the Vice Chairman of the National Assembly stated.
Source: https://www.baogiaothong.vn/bo-truong-truong-nganh-phai-chiu-trach-nhiem-den-cung-khi-xay-dung-luat-192250212143722973.htm
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