On the afternoon of April 22, at the 32nd Session, the National Assembly Standing Committee reviewed the report summarizing the results of the supervision of legal documents in the areas under the responsibility of the Ethnic Council and the National Assembly Committees in 2023.
Presenting the report, Secretary General of the National Assembly Bui Van Cuong said that in general, the supervision of legal documents by the National Assembly agencies was carried out seriously and responsibly, thereby detecting documents that were slow to be issued or had not been issued, pointing out a number of documents with inappropriate content, not feasible in practice, and not ensuring the consistency of the legal system, thereby proposing and recommending competent agencies to issue remedial documents.
Compared with previous monitoring periods, the promulgation of legal documents in 2023 has had positive changes, achieving encouraging results.
In addition to the achieved results, the supervision of some agencies has not been carried out regularly, proactively, promptly detecting and recommending to overcome shortcomings and violations in the issuance of documents and reporting the results of document handling to the National Assembly Standing Committee as prescribed.
Although there have been steps to overcome the situation of slow issuance of documents, it still exists. There are still outstanding documents, documents with content that do not ensure the consistency and unity of the legal system, which were concluded and recommended for specific handling in the previous monitoring period, but have not been overcome yet.
During the monitoring period, legal documents with illegal content were still discovered, not ensuring the consistency and uniformity of the legal system.
Many documents are issued late.
Regarding the results of monitoring legal documents in 2023, the Secretary General of the National Assembly said that basically, the content of the issued legal documents all ensure the constitutionality, legality, and consistency of the legal system.
In addition, the National Assembly agencies discovered 6 documents with signs of violating legal regulations and 7 documents that did not ensure the consistency and synchronization of the legal system or had problems and inadequacies that could create loopholes in management work that needed to be reviewed and improved.
There are documents that do not have specific instructions and there is a lack of consistency between legal documents, causing difficulties in implementation.
According to reports from National Assembly agencies, there are still many detailed regulations issued later than the effective date of laws, ordinances and resolutions.
Specifically, out of 325 monitored documents, 32 documents were issued later than the effective date of the law, ordinance, or resolution; of which the document was at least 14 days late, the document was at most 35 months and 24 days late, and some documents were from 22 to 25 months late.
In addition, there are 83 articles and clauses under 24 laws, 1 ordinance, and 5 resolutions that have detailed regulations but have not yet been issued.
Based on the results of monitoring legal documents during the 2023 monitoring period, the Secretary General of the National Assembly requested the National Assembly Standing Committee to strictly implement the provisions of the Law on Promulgation of Legal Documents in that draft detailed regulations must be prepared and submitted simultaneously with draft laws, resolutions, and ordinances; increase direct regulations in laws, resolutions, and ordinances, and minimize the need to assign detailed regulations.
In conclusion, Vice Chairman of the National Assembly Nguyen Khac Dinh requested the Nationalities Council and the National Assembly Committees to strengthen control in assigned areas; proactively approach supervision from multiple, diverse and timely sources.
The Government, the Prime Minister, the Supreme People's Court, and the Supreme People's Procuracy are interested in directing the improvement of the quality of inspection and review of documents associated with monitoring the implementation of laws; strengthening the review to promptly detect overlapping and contradictory regulations that do not ensure legality, consistency, and synchronization in the legal system and feasibility in implementation; promptly reporting to the Standing Committee of the National Assembly and the National Assembly for consideration and handling or to competent handling agencies, avoiding the situation where sub-law documents have different regulations or regulations that exceed the assigned authority.
“The agencies consider this monitoring to be regular and continuous, requiring reports when there is information, not waiting until the end of the period. It is recommended that the Council of Ethnic Minorities and the agencies of the National Assembly submit quarterly reports to the Secretary General of the National Assembly to summarize the report to the Standing Committee of the National Assembly. That way it will be close to the heart” – the Vice Chairman of the National Assembly emphasized and suggested that the report be completed soon and sent to the National Assembly deputies and relevant agencies.
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