Kinhtedothi - At the working session on the morning of February 12 of the 9th Extraordinary Session of the 15th National Assembly, authorized by the Prime Minister, Minister of Justice Nguyen Hai Ninh presented the Report on the Draft Law on Promulgation of Legal Documents (amended).
Focus on 7 important, breakthrough innovation issues
Regarding the scope of regulation, the Minister of Justice said that the Draft Law provides more general provisions and supplements the content and responsibility for implementation in addition to the content on drafting legal documents (LDOs). Specifically, this Law regulates the drafting and promulgation of LDOs; some contents on the organization of implementation of LDOs. At the same time, it maintains the provisions of the current Law on not regulating the making and amendment of the Constitution.
According to the Minister of Justice, the Draft Law on Promulgation of Legal Documents (amended) focuses on 7 important and breakthrough innovations in the law-making process as follows:
Continue to simplify the legal document system, strengthen power control, clearly define legislative and regulatory authority; supplement the provision that the Government issues normative resolutions in Article 14;
Innovate the construction of the National Assembly's legislative program in the direction of building a legislative orientation for the term and the National Assembly's annual legislative program with high flexibility;
Innovation in the process of drafting and promulgating legal documents; The draft Law also 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;
The Draft Law supplements provisions to strengthen the leadership of Party committees at all levels and the responsibility of heads of agencies in the process of developing and promulgating legal documents; supplements provisions on cases, principles, criteria, and authority to guide the application of legal documents.
Fully institutionalize innovation orientation, perfect the law-making process
Presenting the Report on the review of the Draft Law, Chairman of the National Assembly's Committee on Law Hoang Thanh Tung said that the Committee approved the comprehensive amendment of the Law on Promulgation of Legal Documents with the political, legal, practical and viewpoint reasons and bases as stated in the Government's Submission in order to promptly institutionalize the Party's policy on innovation and improvement of the law-making process; contributing to speeding up the progress, improving the quality of drafting and promulgating legal documents, perfecting institutions, meeting the requirements of national construction and development in the new period.
The draft Law has 8 chapters and 72 articles, 101 articles less than the current Law, although the scope of regulation is expanded to include some contents on the responsibility of law enforcement. The Law Committee recommends continuing to review to ensure the consistency of the legal system - especially with other draft laws considered and approved by the National Assembly at the same session.
Regarding policy consultation, the People's Committee proposed to clearly define the subject of organizing the policy consultation conference as the agency that makes policy proposals; research to expand the subjects of policy consultation to improve the quality and effectiveness of consultation.
The People's Committee basically agrees with the provisions in Articles 25 and 26 of the Draft Law on the process of passing the annual legislative program. In addition, there are opinions suggesting that, in order to ensure the professionalism and strictness of the process, it is necessary to stipulate "examination" instead of "reviewing and proposing" opinions on proposals for drafting laws, ordinances and resolutions.
The Draft Law has basically closely followed and fully institutionalized the orientation of innovation and perfected the law-making process according to Conclusion No. 119-KL/TW dated January 20, 2025 of the Politburo and the requirement of innovation in law-making thinking.
At the same time, it is proposed to continue inheriting the current Law, supplementing regulations on the responsibility of the National Assembly Standing Committee in implementing the Legislative Program; supplementing regulations that for projects submitted by the National Assembly Standing Committee, the National Assembly shall establish a temporary Committee or assign an agency of the National Assembly to preside over the examination.
Regarding the examination of cases of implementing the policy-making process in Article 27 of the Draft Law, the Law Committee basically agrees with the provisions of the Draft Law on 3 cases where the policy-making process must be implemented: for large, new, important law and resolution projects, regulations on pilot implementation; and for other projects, in case of new policies, they will be developed and evaluated integrated into the drafting process.
In addition, there are suggestions that in the case of developing and promulgating a Government decree as stipulated in Point c, Clause 1, Article 14 of the Draft Law, the policy development process must also be carried out because this document contains many new and difficult policies that need to be carefully evaluated.
Regarding the process of the National Assembly reviewing and approving draft laws and resolutions, the Law Committee basically agrees with the direction that draft laws and resolutions will, in principle, be reviewed and approved in one session to speed up the promulgation process while still ensuring the quality of the documents.
To ensure the quality of laws and resolutions, it is recommended to study and supplement regulations to further promote the role and responsibility of National Assembly deputies in the process of reviewing, commenting on and approving draft laws and resolutions, such as: collecting opinions from National Assembly deputies and National Assembly delegations during the policy-making process and organizing drafting; organizing conferences of specialized National Assembly deputies to discuss and comment on draft laws and resolutions before the submitting agency officially submits the project; increasing the time for group discussion on draft laws and resolutions during the session so that National Assembly deputies can discuss and comment thoroughly and the submitting agency can accept and explain before the National Assembly discusses them in the Hall...
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