There is still a situation of slow promulgation and promulgation of unfeasible legal documents.
Questioning the Minister of Justice, delegate Nguyen Hoang Bao Tran (Binh Duong delegation) said that when meeting voters before the 5th Session, many businesses reported that when businesses are slow or do things wrongly compared to the provisions of the law, the State imposes very strict sanctions, but in the construction and completion of the law, there are no specific and strong enough sanctions.
The delegate asked Minister Le Thanh Long to provide his views and solutions to the problem of not issuing, delaying the issuance of documents guiding the implementation of laws, or issuing infeasible legal documents.
Sharing the same concern, delegate Nguyen Huu Thong (Binh Thuan delegation) said that according to the report, there are still 13/129 documents detailing the laws and decrees that have come into legal effect during this term but specific documents have not been issued yet, in particular, there are documents that are still 2 years and 9 months behind. Meanwhile, some documents are assessed to be of poor quality, have been revised, supplemented or not effective due to being inconsistent with the law and practice or having inadequacies, obstacles, hindering development.
"So what is the responsibility of the Ministry of Justice in the issue of building this institution and what is the responsibility of the ministers and heads of sectors in the above issue and the solution direction in the coming time?", the delegate asked.
Responding to questions from delegates, Minister of Justice Le Thanh Long said that the backlog of detailed regulations has existed for many years. We have made many efforts and solutions, but so far it has not been completely resolved.
In 2023, according to statistics from the Ministry of Justice, there are currently 12 outstanding documents for laws, ordinances, and resolutions that have come into legal effect, a decrease of 18 documents compared to 2020, an increase of 4 documents compared to 2021, and the same as in 2022.
Promote the responsibility of leaders in law making
Stating the cause, the head of the Justice sector said that subjective causes are still the main ones, including the lack of initiative, effort and foresight of the subjects submitting documents from ministries and sectors.
In addition, there is another subjective reason that the effective time of some laws and resolutions from the time they are passed until they come into effect is relatively short.
"There are also documents issued late and have consequences," said Minister Le Thanh Long.
Regarding objective reasons, Minister of Justice Le Thanh Long said that some legal documents require a large number of detailed regulations, such as the Law on Insurance Business, which has up to 37 contents requiring detailed regulations; some documents are difficult, such as the decree on administrative sanctions in the fields of fisheries and cyber security, etc.
Affirming that the Ministry of Justice will not delay in issuing detailed regulations, Minister Le Thanh Long said that the Ministry of Justice is also responsible for advising the Government in assessing, reviewing, urging and inspecting the implementation. The Ministry of Justice is jointly responsible for the delay of ministries and sectors on this issue.
Referring to solutions in the coming time, Minister of Justice Le Thanh Long said that, in addition to the Government's resolutions, Directives and directions of the Prime Minister related to the work of continuous institutional building in conferences, regular meetings and thematic meetings of the Government, the Government has requested Ministers and heads of sectors to be directly responsible for the work of law making.
"Currently, 10/28 Ministers and heads of sectors are in charge of drafting legal documents, an increase of 2 people compared to August 2023," the Minister informed.
Regarding expertise, Minister Le Thanh Long proposed that in the drafting stage, in addition to fully implementing the procedures prescribed by law on promulgating legal documents, ministries and branches should continue to make efforts to clearly define the contents to be stipulated in detailed regulations.
Similarly, in the process of examining and appraising documents, agencies need to coordinate closely with each other. For issues that are unclear in laws and resolutions of the National Assembly, they should not propose to include them in policies; limit the number of documents by combining detailed regulations with similar content to regulate in one document.
In particular, the Minister emphasized the responsibility for the delay in issuing documents, the consequences and ultimately how to hold political responsibility, professional responsibility and administrative responsibility depends largely on the human factor.
Minister Le Thanh Long said that the Politburo has recently issued regulations on controlling power in inspection work, handling complaints and denunciations, and in the upcoming work of drafting documents.
"This will be a channel along with the National Assembly's supervision, the law-making work will create momentum for development and better overcome current shortcomings and limitations," said the Minister.
Source
Comment (0)