The Draft Law on Promulgation of Legal Documents (amended) stipulates that the agency submitting the draft law is responsible for presiding over and coordinating with the examining agency and relevant agencies in studying and absorbing opinions of the National Assembly Standing Committee and the National Assembly to revise the draft law, to ensure continuity throughout the process of drafting the draft law.
Afternoon of February 5, continuing the 42nd Session, Standing Committee of the National Assembly comment on the draft Law on Promulgation of Legal Documents (amended).
Violations in the promulgation of legal documents may be subject to criminal prosecution.
Presenting the draft Law, Minister of Justice Nguyen Hai Ninh said that in this revision, the draft stipulates the responsibilities of heads of agencies and organizations in directing and organizing the implementation of Party regulations and State laws in the work of building, promulgating and organizing the implementation of legal documents.
The head is responsible for any delay in submitting documents or issuing illegal documents, or for any corruption, negativity, group interests, or local interests in law-making by the person under his/her direct management or assignment.
Corresponding to the responsibility, the draft Law supplements the provisions on sanctions for the head: the results of the implementation of the task of developing and promulgating legal documents are the basis for evaluation, consideration of emulation, rewards, appointment, and reappointment; depending on the level of violation, the head may be subject to disciplinary action according to Party regulations, disciplinary action against cadres and civil servants, disciplinary action or criminal action.
At the same time, the draft Law supplements provisions on exemption and reduction of responsibility for heads of agencies, organizations and civil servants working in law-making if they have promptly applied necessary measures to prevent and stop acts of corruption, negativity, group interests and waste in the work of developing, promulgating and organizing the implementation of legal documents.
Another notable new point in the draft Law is the regulation on the role of the agency submitting the draft law in receiving and revising the draft law according to the opinions of the National Assembly and the National Assembly Standing Committee.
According to the current Law, the Government and non-Government agencies propose, develop and submit draft laws for the National Assembly to consider and comment on at the first session; the National Assembly Standing Committee is the agency directing the revision of draft laws and is directly responsible for reporting to the National Assembly on the results of explanation, acceptance and revision of draft laws for the National Assembly to approve at the second session.
With the spirit of assigning each task to only one person to preside over and take responsibility, in this amendment, the Government plays its role as the agency submitting the draft law and is responsible to the end for the draft law it submits. The National Assembly is the legislative body, with the right to approve or not approve the draft law submitted by the Government.
Specifically, the draft Law stipulates that the submitting agency is responsible for presiding over and coordinating with the reviewing agency and relevant agencies in studying and absorbing opinions of the National Assembly Standing Committee and the National Assembly to revise the draft law.
"This is to ensure continuity throughout the process of drafting a law, from proposing, drafting, submitting to revising the draft, and at the same time, better ensuring the implementation of the law after it is passed by the National Assembly," said Minister Nguyen Hai Ninh.
Innovation in the process of drafting and promulgating legal documents
Also according to the Minister of Justice, in order to institutionalize the policy of innovation in thinking and strong innovation in the law-making process, the draft Law stipulates comprehensive and strong innovation in the process of developing and promulgating legal documents in the direction of: ensuring democracy, transparency, timeliness, feasibility, efficiency, ease of application in practice, saving time and costs, while improving "productivity" and focusing on ensuring the "quality" of legal documents.
The innovation in the process of developing and promulgating legal documents focuses on two major and key issues, including: innovating the process of developing and promulgating legal documents of the National Assembly and the National Assembly Standing Committee; perfecting the process of developing and promulgating legal documents according to shortened procedures and promulgating legal documents in special cases.
Accordingly, the draft Law clearly stipulates the time to propose applying the shortened procedures before or during the drafting of legal documents to ensure flexibility and create a legal basis for competent authorities to apply the shortened procedures at any time, when a request arises.
Allow the application of the simplified procedure to draft circulars in all cases, similar to other types of legal documents; assign the Minister and Head of a ministerial-level agency to decide on the issuance of circulars according to the simplified procedure without having to consult the Ministry of Justice and report to the Prime Minister for decision.
At the same time, the draft clearly stipulates the order and procedures for drafting and promulgating legal documents according to the shortened procedure with the goal of both simplifying and rationalizing the process while ensuring the quality of the documents.
With such process innovation, Minister Nguyen Hai Ninh said that the time to develop and promulgate legal documents under the simplified procedure will only take about 1-2 months (a reduction of 6-8 months compared to the current 2015 Law).
In addition, to meet practical requirements, based on the Project on innovation of the law-making process that has been commented on by the Politburo, the draft Law supplements the provision: in case of emergency as prescribed by law on state of emergency or incident, disaster as prescribed by law on civil defense or force majeure event and with the consent of the Politburo, the National Assembly, the National Assembly Standing Committee, the Government may issue legal documents according to special procedures.
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