It is necessary to innovate the procedure for reviewing and approving draft laws and resolutions of the National Assembly.

Delegate Hoang Thi Thanh Thuy - Deputy Head of the National Assembly Delegation of Tay Ninh province spoke.

After the opening session, the National Assembly discussed in groups the draft Law amending and supplementing a number of articles of the Law on Organization of the National Assembly and the Law on Promulgation of Legal Documents (amended). The National Assembly delegation of Tay Ninh province discussed in groups with the National Assembly delegations of Da Nang, Son La and Long An.

Commenting on the National Assembly and the Law on Promulgation of Legal Documents (amended), delegate Hoang Thi Thanh Thuy - Deputy Head of the National Assembly Delegation of Tay Ninh province suggested that the Drafting Committee study and supplement the specific type of legal documents that local authorities in special administrative-economic units are allowed to issue in Clause 12, Article 4 because the draft stipulates that there are types of legal documents and entities that have the right to issue them. However, for local authorities in special administrative-economic units, the draft does not specifically stipulate which type of legal documents are allowed to be issued but only speaks generally.

In addition, Clause 1, Article 22 also stipulates that local authorities in special administrative-economic units issue legal documents in accordance with the provisions of this Law and other relevant laws, but it does not clearly state whether local authorities in special administrative-economic units issue legal documents by decision or resolution.

Regarding the principles of drafting and promulgating legal documents (Article 5), in Clause 4, delegate Hoang Thi Thanh Thuy requested the Drafting Committee to study and provide more specific and clear regulations for the content of the section "ensuring democracy, fairness, humanity, openness, transparency, science, stability, feasibility, and efficiency". The delegate said that this regulation only lists adjectives such as "openness", "transparency", "science"... leading to the content of the principles of drafting and promulgating legal documents not being clear.

Therefore, delegate Thuy proposed the following two specific principles: first, ensuring fairness, transparency, feasibility, efficiency, and stability in the provisions of legal documents; second, ensuring publicity and democracy in the process of developing and promulgating legal documents.

Also in Clause 4 of this draft, the delegate suggested that the Drafting Committee consider removing the words “humane” and “timely”. Because according to the delegate, the word “humane” has too broad a meaning and does not ensure feasibility in the implementation process. On the other hand, in this clause, there is a provision on “Respect, protect and ensure human rights and civil rights”. Regarding the word “timely” in Clause 5, Article 4 of the draft Law, there is a provision on the principle of “timely resolving problems arising from practice”.

In Article 7, the regulation on legal documents using Vietnamese language ensures accuracy, popularity, and consistency... delegate Thuy said that "unity" means unification of what is unclear, and suggested unification of understanding, which needs to be clearly stated.

In Article 8, delegate Thuy proposed to combine clauses 1 and 2 into 1 clause regulating legal documents that are amended, supplemented, replaced, or abolished to simplify the clauses and make them easier to understand.

Article 26 stipulates the adjustment of the annual legislative program. Delegate Thuy proposed to clearly stipulate the conditions and principles for making adjustments to avoid arbitrary implementation.

Delegate Huynh Thanh Phuong - Secretary of Go Dau District Party Committee spoke.

Also giving comments on this draft Law, delegate Huynh Thanh Phuong - Secretary of Go Dau District Party Committee proposed to review the order of consideration and approval of the draft Law and Resolution as stipulated in Article 40 and Article 41 regarding the issues discussed in the hall and in the Group, and suggested to only discuss in the hall unclear issues that need opinions; because in reality, most of the opinions expressed by delegates in the Group and the hall are duplicated and the issues discussed and commented on are clear issues, causing a waste of time.

Delegate Phuong suggested that the Committees assigned to conduct the review should widely notify the National Assembly delegates when conducting the review. Any interested delegates should attend the meeting to give their opinions. Then, the issues that are clear and unclear should be finalized so that delegates can focus on speaking in the hall. When discussing in the hall, if there is consensus, it should be approved. If not, it should be implemented according to the procedures specified in Articles 40 and 41. This will help save time and improve the quality of comments.

In Article 67 of the draft law, which stipulates the responsibility to consult with competent Party agencies, delegate Phuong said that this provision needs further consideration, whether it should be legalized or not, because the activities of the Party are comprehensively led and have their own regulations, avoiding overlapping functions and tasks of the Party and the State...

At the same time, delegates also agreed with the review report of the Law Committee, this draft Law has 8 chapters, 72 articles, a reduction of 101 articles, but the report and submission have not clearly assessed why there is such a reduction, the advantages and limitations of reducing the articles.

Regarding the draft Law amending and supplementing a number of articles of the Law on Organization of the National Assembly, delegates unanimously agreed to have no comments.

KC (summary)

Source: https://baotayninh.vn/dai-bieu-huynh-thanh-phuong-can-doi-moi-trinh-tu-xem-xet-thong-qua-du-thao-luat-nghi-quyet-cua-qu-a186005.html