Kinhtedothi - On the afternoon of November 22, continuing the working program, delegates discussed in groups the Draft amending and supplementing the Law on Technical Standards and Regulations; Draft Law amending and supplementing a number of articles of the Law on supervisory activities of the National Assembly and the City People's Council.
Identify the identifying features of illegal documents
Participating in the discussion, delegate Nguyen Minh Duc (National Assembly Delegation of Ho Chi Minh City) emphasized that the National Assembly has two great powers: deciding important issues of the country through law-making; and performing the supreme supervisory function. So, "We must find the answer to whether supervision has truly demonstrated the supreme power or not?".
The delegate pointed out the current situation of many backlogged projects causing waste due to the obstacles and bottlenecks of legal documents with too many levels, causing difficulties in implementation. From this situation, it is necessary to find the cause and "review the National Assembly's supervisory function regarding regulations on supervising legal documents that are products issued and approved by the National Assembly. Then there are the decrees guided by ministries and branches for implementation" - delegate Nguyen Minh Duc pointed out.
According to the Ho Chi Minh City Delegation, the most important point is that the National Assembly, the National Assembly Standing Committee, the Nationalities Council, the National Assembly Committees... have the right to supervise illegal documents.
Decree No. 154/2020/ND-CP of the Government amending and supplementing a number of articles of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing a number of articles and measures to implement the Law on Promulgation of Legal Documents has identified 5 contents of illegal documents.
In reality, there are documents in decrees and circulars that have a higher value than the law, leading to their inability to be implemented. So are documents that create difficulties in the law enforcement process considered illegal? - the delegate raised the question.
From that reality, delegate Nguyen Minh Duc said that the essence of the Law on Supervisory Activities of the National Assembly and the City People's Council is to define the concept and point out the identifying characteristics of illegal documents. The contents stipulated in Decree 154/2020/ND-CP are not enough, it needs to be clarified.
At the same time, after identifying the Law that needs to be amended according to the current message, try to distinguish between the National Assembly that promulgates the Law, the Government and the ministries that implement the Law. Then, the National Assembly performs the function of supervising the implementation of that law to proactively assign the National Assembly, the National Assembly Standing Committee and the National Assembly's functional agencies to supervise the quality of documents regarding consistency with the law, decrees, etc.
"That is being proactive with the Government's functional agencies to remove bottlenecks in economic construction and development. Waiting until it is illegal to monitor or choosing a topic to monitor every year, I think that is passive" - delegate Nguyen Minh Duc expressed his opinion.
Delegates also said that there should be strict regulations to enhance the effectiveness of the National Assembly's supervision through conducting supervision and post-supervision.
Giving specific comments on Article 30 of the Draft Law, Deputy Head of the National Assembly's Petition Committee Tran Thi Nhi Ha (National Assembly Delegation of Hanoi) said that in addition to being assigned by the National Assembly Standing Committee to the Petition Committee to supervise citizen reception, many agencies have been assigned this task but there are no guiding documents leading to the process of synthesizing, reviewing, and evaluating the responsibilities of individuals, agencies, and organizations in performing the responsibility of citizen reception.
Therefore, to ensure timeliness and accuracy in performing the functions and tasks of the National Assembly Standing Committee, delegate Tran Thi Nhi Ha proposed adding content on supervising the citizen reception work of the Petition Committee to create consistency in the regulations on implementing supervision.
At the same time, delegates suggested that the drafting committee add regulations on the role of supervising the organization in implementing the promulgation of legal documents such as laws, decrees, and circulars to ensure consistency in the system of legal documents.
Having 3 National Assembly delegates participating in supervision is rigid.
Participating in the discussion, delegate Tran Nhat Minh (National Assembly Delegation of Nghe An province) said that the regulation requiring 3 members of the National Assembly to participate in the monitoring delegation is difficult to implement.
Citing this, the delegate said that in the National Assembly Delegation of Nghe An province, there are 13 delegates, of which the remaining 7 local delegates are part-time Central delegates, so it is difficult for them to participate in the monitoring delegation.
Therefore, the regulation that at least 3 National Assembly deputies must participate in the monitoring delegation is difficult. Not to mention that currently, there are National Assembly delegations with National Assembly deputies who have to change jobs, so there are only 1-2 deputies in the locality, so if the regulation is as in the Draft Law, they will not be eligible to participate in the monitoring. The delegate suggested that the drafting committee should study this content.
Sharing this view, delegate Do Thi Viet Ha (National Assembly Delegation of Bac Giang province) suggested that the supervision of the National Assembly delegation needs to be suitable to the practical situation of the current National Assembly delegations, and should not have a strict regulation requiring 3 National Assembly delegates to participate in the supervision delegation.
Delegate Luong Van Hung (National Assembly Delegation of Quang Ngai Province) also said that having 3 National Assembly delegates participating in the monitoring delegation is rigid, because in some places there are only 4 delegates, 1 head of delegation, 2 concurrently, so organizing the monitoring is difficult.
"If we invite delegates from the Central Government to participate in the supervision, it will be difficult due to work schedules. Not to mention the fact that many delegates have retired and only participate as National Assembly delegates. Therefore, requiring 3 National Assembly delegates to participate in the supervision delegation is too rigid," said delegate Luong Van Hung.
Source: https://kinhtedothi.vn/nang-cao-su-chu-dong-cua-quoc-hoi-trong-giam-sat-trien-khai-luat-de-go-diem-nghen.html
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