On the afternoon of February 5, continuing the 42nd session, the National Assembly Standing Committee gave opinions on the draft Law on Promulgation of Legal Documents (amended).
Regulations on ultimate responsibility of agencies submitting draft laws
Presenting the report, Minister of Justice Nguyen Hai Ninh said that the draft Law consists of 8 chapters and 72 articles (9 chapters and 101 articles less than the Law on Promulgation of Legal Documents in 2015).
Minister of Justice Nguyen Hai Ninh.
The Government has institutionalized and standardized specific regulations in the draft Law and focused on 7 important and breakthrough innovations in the law-making process: Continuing to simplify the system of legal documents; innovating the thinking of law-making, strengthening control over power in law-making and enforcement; clearly defining the authority to issue legal documents of the National Assembly, the National Assembly Standing Committee and sub-law documents.
Supplementing the form of legal normative resolutions of the Government; innovating the building of the National Assembly's legislative program; innovating the process of building and promulgating legal normative documents; promoting decentralization associated with enhancing the responsibility of the head of the drafting agency; regulating the ultimate responsibility of the agencies submitting the draft law; guiding the application of legal normative documents.
Chairman of the National Assembly's Committee on Law Hoang Thanh Tung.
Presenting the report on the review of the draft law, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that the Standing Committee of the Law Committee basically agreed with the agency submitting the project on reducing the form of legal documents of the People's Council, People's Committee at the commune level and of the People's Council at the district level; adding the Government's resolution as a legal document; changing the form of legal documents of the State Auditor General.
The majority of opinions in the Standing Committee of the Law Committee agreed with the provisions of the draft on social criticism of policies and draft legal documents to both promote the role of the Vietnam Fatherland Front and its member socio-political organizations, and focus on a single focal point for planning and organizing the implementation of social criticism as currently done.
At the same time, ensure compliance with the Regulations on supervision and social criticism of the Vietnam Fatherland Front, socio-political organizations and consistency with the provisions of the Trade Union Law.
Clearly define the concept of "policy consultation"
Discussing at the meeting, Chairwoman of the National Assembly's Judicial Committee Le Thi Nga said that regarding the proposal to reduce the form of legal documents of the District People's Committee, it is recommended to consider carefully and assess the impact thoroughly, because the District People's Committee is the agency responsible for state management, directing and operating activities in the area. If it is not assigned the authority to issue legal documents, difficulties and obstacles may arise in performing assigned tasks and powers as well as decentralizing tasks and powers to lower-level agencies and organizations.
"My opinion is that we should keep the regulations on legal documents of the District People's Committee," said Ms. Le Thi Nga.
Regarding the regulation on policy consultation, Chairwoman of the National Assembly's Social Committee Nguyen Thuy Anh said that since this is a new issue, it is recommended to study and clearly define the concept and content of "policy consultation", the responsibilities of consulted agencies, the time of consultation, and clearly distinguish between "policy consultation" and "opinion gathering" in the process of policy making, drafting of draft laws, ordinances, and resolutions.
Regarding the process of the National Assembly reviewing and approving draft laws and resolutions, Vice Chairwoman of the National Assembly Nguyen Thi Thanh proposed studying more specific regulations on the role and responsibility of the National Assembly Standing Committee in reviewing, commenting, and directing the reception and revision of draft laws and resolutions.
Chairman of the National Assembly Tran Thanh Man.
National Assembly Chairman Tran Thanh Man said that this is an important and very difficult draft law. Therefore, the National Assembly Chairman requested that the drafting agency explain the reason for the reduction of 101 articles in the draft law compared to the current law, and explain the impact of the reduction of regulations on the effectiveness and efficiency of the law to submit to the National Assembly; continue to review the explanation of words and legislative techniques in the draft law.
The National Assembly Chairman also agreed to supplement the Government's resolution as a legal document, and that it is necessary to clearly classify it to ensure the correct form of the resolution.
Concluding the session, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the National Assembly Standing Committee agreed to submit to the National Assembly for consideration the draft Law on Promulgation of Legal Documents (amended) at the 9th extraordinary session.
Source: https://www.baogiaothong.vn/de-xuat-bo-sung-nghi-quyet-cua-chinh-phu-la-van-ban-quy-pham-phap-luat-19225020517331255.htm
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