There are still overlapping contradictions at the legal level.

Basically meet the requirements of socio-economic development

On the afternoon of November 1, at the socio-economic discussion session, Minister of Justice Le Thanh Long reported and clarified information on a number of issues raised by delegates related to Report No. 587 dated October 20, 2023 of the Government on the results of the review of the system of legal documents implementing Resolution No. 101/2023/QH15, 5th Session, 15th National Assembly.

Mr. Long said that the Government's Working Group reviewing the system of legal documents according to Resolution No. 101 has made great efforts and proactively accessed information from many different sources: Reports from ministries, localities, the Prime Minister's working group to remove difficulties and obstacles; recorded and transcribed recommendations and filtered them into the review results report...

The Government's working group also synthesized opinions of National Assembly delegations, supervision results of the Nationalities Council and National Assembly committees related to the work of drafting and promulgating legal documents...

Regarding the monitoring results, Mr. Long said that the review showed that the legal system basically meets the requirements of socio-economic development and ensures national defense and security.

Minister of Justice Le Thanh Long.

There are a number of problems and shortcomings that have been mentioned in the report, including conflicts and overlaps at the legal level. There are conflicts, overlaps and shortcomings, but if we study them as a whole, the recommendations are somewhat inaccurate.

For example, recommendations related to regulations on component project groups under the Law amending and supplementing a number of articles of the Construction Law in 2020 and Decree 99/2021 on management of payment and settlement of projects using public investment capital.

Expert opinion suggests that further calculations are needed to determine whether this is accurate; however, there are also issues of perspective and policy when we deal with specific legal documents.

For example, there are proposals to amend and supplement Clause 2, Article 68 of the Law on Public Investment, which stipulates the time for implementation and disbursement of annual public investment plan capital.

However, the Law Committee's review opinion is that this is a policy issue and the National Assembly has also considered it very carefully when considering voting to approve it, with the mindset that if decentralization down to the commune level as proposed, it could affect the quality, progress, and effectiveness of investment projects...

On behalf of the Government's working group, the Minister of Justice proposed that the National Assembly Standing Committee strengthen its role, especially its constitutional role of explaining legal violations within its jurisdiction.

Regarding other recommendations of National Assembly Deputies related to the work of building, perfecting and enhancing capacity, the Working Group will receive them to advise the Government within the scope, functions and tasks of its authority.

Analyze the causes of conflicting and overlapping documents

Previously, at the discussion session early this afternoon, giving comments on the results of the review of the system of legal documents according to the provisions of Resolution No. 101, National Assembly Deputy Nguyen Thi Hong Hanh (Ho Chi Minh City delegation) highly appreciated the determination of the Government, the Standing Committee of the National Assembly and the Committees of the National Assembly, especially the positivity and responsibility of the Standing Committee of the Government's Working Group with 523 legal documents that have been reviewed with 22 key areas and other areas, and basically completed in a short time.

According to the review report, only 6.5% of legal documents have conflicts and overlaps, most of which have shortcomings and problems, concentrated in sub-law documents.

However, delegate Hanh suggested that the report should analyze more specifically the subjective causes of this situation, which is because the drafting agency has not strictly implemented the process of promulgating legal documents, or the collection of opinions is not complete, or the assessment of the impact of the policy is not in-depth, is formalistic, or the acceptance and explanation of the drafting agencies are sometimes subjective?

"It is necessary to clarify these causes in order to find solutions in the coming time," the female delegate suggested.

Regarding the review results, delegates found that although the review results were very positive, they did not fully reflect the picture of our legal document system, so it is necessary to continue reviewing.

National Assembly Delegate Nguyen Thi Hong Hanh.

Speaking in the debate with opinions that the quality of the legal system still has many contradictions and overlaps, National Assembly Deputy Do Duc Hien (Ho Chi Minh City delegation) stated that the National Assembly's request to review the legal system is timely in order to propose amendments and find solutions to improve not only in law-making but also in organizing law enforcement.

Delegate Do Duc Hien pointed out that with a large volume of review with more than 500 documents including both legal and sub-legal documents. Through the review, no content contrary to the Party's policies, the provisions of the Constitution and international treaties was found. This is clearly shown in the Government's report as well as the independent opinions of the National Assembly's agencies.

Although there are some contradictory and overlapping contents, they are not many and are mainly due to inadequacies and being outdated with reality.

Mr. Hien also said that in each content where there were found to be conflicts or overlaps, there were quite specific solutions in terms of content, progress and implementation methods.

Among them, there are contents related to laws that are expected to be handled immediately in this session, and there are matters that are already in the legislative program and plan of the year or term. Regarding sub-law documents, the Government has also committed to directing immediate amendments. In addition, through the review, there have been no urgent requests that need to be handled, nor have there been any need to use one law to amend many laws.

Mr. Hien emphasized the significance of legal review and suggested that the review of the legal document system should not stop here, but should be carried out in batches but should be conducted regularly and the review results should be used as input data for research and legal improvement .

Source: https://www.nguoiduatin.vn/bo-truong-le-thanh-long-con-mau-thuan-chong-cheo-o-tam-luat-a633881.html