Kinhtedothi - On the afternoon of February 13, discussing at the hall about the draft Law on Promulgation of Legal Documents, National Assembly deputies said that many new regulations in the draft will contribute to improving the quality of promulgated legal documents.
Consulting with key stakeholders is crucial.
Concerned about the addition of regulations on policy consultation with agencies, affected subjects, the Ethnic Council and the National Assembly Committees during the process of drafting the Law, National Assembly delegate Nguyen Thi Viet Nga (National Assembly delegation of Hai Duong province) said that this is a very necessary regulation. The early participation of the Ethnic Council and the National Assembly Committees will contribute to perfecting the draft right from the stage of building the Government's dossier and draft; demonstrating the companionship, involvement and responsibility of the National Assembly early in the process of drafting the Law. In particular, consulting the affected subjects is extremely important, and at the same time, it is also a form of propaganda for the People, the subjects directly affected about the new viewpoints and policies that are about to be issued.
Agreeing with the removal of the right to issue legal documents of commune-level authorities, delegates said that currently, although given the right in the Law, most commune-level authorities issue very few legal documents, and in many localities, commune-level authorities do not issue legal documents.
Agreeing with many contents of the draft Law, delegate Nguyen Thi Viet Nga suggested that the regulations on the procedures for considering and passing draft laws and resolutions of the National Assembly should be reviewed. Article 40 of the draft Law stipulates that the procedures for considering and passing draft laws and resolutions of the National Assembly are basically within one session.
According to delegate Nguyen Thi Viet Nga, in reality, in recent years, many draft laws, although having been carefully drafted and consulted, when submitted to the National Assembly for comments and consideration, still had many different opinions, creating heat in the parliament, attracting a lot of attention from voters.
During the discussion and consideration at the National Assembly sessions, many quality counter-arguments were raised, many major issues were raised, from which they were absorbed, edited, and perfected into the draft laws so that the drafts, when passed, would ensure higher quality and feasibility. There were even many contents that, after discussion at the National Assembly, the newly accepted drafts had changed a lot, even many contents were completely different from the Government's viewpoint.
“Carefully reviewing draft laws in two or more sessions is also a necessary caution in the work of law-making. Especially when our goal is to build laws with high stability and predictability, giving opinions and reviewing drafts must be even more careful,” the delegate stated.
Therefore, delegate Nguyen Thi Viet Nga proposed to maintain the usual process for reviewing and passing laws of the National Assembly, which is two sessions as it is now. For some necessary cases, we have regulations on building laws according to shortened procedures.
Include early consultation processes, right from the policy development stage
Concerned about the National Assembly considering and approving draft laws and resolutions in one session, instead of two sessions as before, except for some special cases, National Assembly delegate Tran Van Khai (National Assembly delegation of Ha Nam province) said that this is a very big and breakthrough change, aiming to speed up the progress of law-making, in line with the requirements of legislative and administrative reform and strictly implementing the policies of the Party and State leaders and the direction of National Assembly Chairman Tran Thanh Man in renewing thinking in the legislative work of the National Assembly.
According to National Assembly delegate Tran Van Khai, the shortened legislative process (passed in one session) stipulated in the draft Law, if passed by the National Assembly at this extraordinary session, will create four challenges and we must have an effective plan to deal with these challenges.
Specifically, the challenge of legislative quality is at risk of being reduced due to shortening the time, so it is necessary to build a strict appraisal process before submitting to the National Assembly; strengthen the role of the Law and Justice Committee and the National Assembly's agencies in examining the content of the draft. With the challenge of lack of time for social criticism and opinions, it is necessary to supplement the consultation process early, right from the policy making stage; require the organization of workshops and widespread consultation for at least 60 days.
Regarding the challenge of creating great pressure on legislative bodies, it is necessary to strengthen the financial and human resources capacity of agencies that draft, appraise and review laws; build a technical support mechanism such as applying artificial intelligence (AI) in legal data analysis. Regarding the risk of not ensuring the consistency and synchronization of the legal system, it is necessary to build a database linking the codes to avoid conflicts and overlaps; the Ministry of Justice is primarily responsible for reviewing drafts before submitting them to the National Assembly.
Delegates also proposed to clearly define which criteria are applicable to the one-session process; to strengthen the responsibility of the drafting and appraisal agencies, in which the Ministry of Justice is primarily responsible for reviewing and assessing the impact; to apply technology in legislation, use big data to analyze and compare draft laws, ensuring the consistency of the legal system; to strengthen post-promulgation supervision, and have a mechanism for timely adjustment if errors are detected in implementation.
Meanwhile, National Assembly delegate Vu Thi Luu Mai (National Assembly Delegation of Hanoi) proposed to add to the Law on Promulgation of Legal Documents provisions on responsibilities and impact assessment when issuing decrees. At the same time, she suggested focusing on the stage of widely collecting opinions when issuing policies in decrees with a wide scope.
“The Law on Promulgation of Legal Documents is of special importance in creating tools to form an effective and efficient system. Based on the current drafts, I think there are many issues that need to be carefully considered for further improvement, so that when we promulgate them, we will have an effective legal tool to build a legal system serving the completion of the socialist rule of law state in accordance with the Party's direction,” said National Assembly delegate Vu Thi Luu Mai.
Source: https://kinhtedothi.vn/db-quoc-hoi-nang-chat-luong-cac-van-ban-quy-pham-phap-luat-duoc-ban-hanh.html
Comment (0)