Timely institutionalize innovation policies and perfect the law-making process

BTO-This afternoon, February 13, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly discussed in the hall the draft Law on Promulgation of Legal Documents (amended). Giving opinions in the hall, Deputy Head of the National Assembly Delegation of Binh Thuan Province Nguyen Huu Thong expressed his high agreement with the Government's Submission, the Review Report of the Law Committee and the draft Law on Promulgation of Legal Documents (amended).

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the discussion session in the hall this afternoon, February 13.

Delegate Nguyen Huu Thong affirmed that the comprehensive revision of the Law on Promulgation of Legal Documents aims to promptly institutionalize the Party's policy on innovation and improvement of the law-making process. This will contribute to accelerating the progress and improving the quality of the development and promulgation of legal documents, and perfecting the institution to meet the requirements of national construction and development in the new period.

Deputy Head of the National Assembly Delegation of Binh Thuan province Nguyen Huu Thong spoke at the hall this afternoon, February 13.

Commenting on Article 8 of the draft law on amending, supplementing, replacing, abolishing or suspending the implementation of legal documents; specifically, at Point a, Clause 4, Article 8 of the draft stipulates that the promulgation of legal documents replacing current legal documents falls into one of the following cases: "Fundamental changes in the scope of regulation and subjects of application". To ensure clarity and consistency in application, delegate Nguyen Huu Thong proposed to clearly define what is considered a "fundamental change". The delegate believes that the promulgation of documents amending, supplementing or replacing legal documents should be assigned to the agency or person with the authority to promulgate such legal documents to consider and decide whether to promulgate amended, supplemented or replaced documents to create initiative and flexibility for the competent authority to promulgate.

At the end of paragraph 5 of the draft, it is stipulated that “In case there are other provisions but they need to continue to be applied, they must be clearly stipulated in the newly issued legal document”, delegate Nguyen Huu Thong said that this provision on the one hand contradicts the principle of applying documents stipulated in Article 58 of the draft; on the other hand, this provision can create a system of legal documents with many different contents, overlapping contradictions that are slow to be reviewed, amended and supplemented, leading to difficulties in practical application. In addition, in reality, in draft legal documents, there are transitional provisions, allowing the extension or shortening of the effective period of one or several provisions to a certain point in time so that the agency has time to review the provisions that are no longer suitable for early promulgation in accordance with the provisions of current law. Therefore, the delegate suggested that the drafting agency consider the above provision.

Comments on Article 9 of the draft on sending and storing legal documents; Clause 1, Article 9 stipulates that “…competent agencies and individuals issuing legal documents are responsible for sending documents to competent agencies for inspection, supervision, and posting on the electronic gazette and national legal database”. Clause 4, Article 9 of the draft stipulates the value of documents posted on the gazette “Legal documents posted on the electronic gazette have the same value as original documents”; however, the draft has not yet stipulated the value of documents posted on the national legal database. Therefore, the delegate suggested that the drafting agency study and supplement regulations on the legal value of documents posted on the national legal database.

Regarding the cases and authority to decide on the development and promulgation of legal documents according to the shortened procedures in Article 50 of the draft; Point b, Clause 1 stipulates "In urgent cases to resolve problems arising in practice", delegate Nguyen Huu Thong proposed to clearly stipulate in the law or assign the Government to provide guidance on "urgent cases" for unified application, while avoiding abuse to promulgate legal documents according to the shortened procedures.

Commenting on the application of legal documents in Article 58 of the draft; delegates proposed to add a clause regulating the application of legal documents in cases where the agencies at the same level issue different regulations on the same issue (for example, the Circular of the Minister of Education and Training and the Circular of the Ministry of Home Affairs have different regulations on the same issue), which agency's legal documents should be applied? Because in practice, there have been cases that have occurred, causing difficulties and confusion for localities in the issue of law application.

Source: https://baobinhthuan.com.vn/kip-thoi-the-che-hoa-chu-truong-doi-moi-hoan-thien-quy-trinh-xay-dung-phap-luat-127894.html