Nghe An proposes to add 4 tasks in the draft report on the results of reviewing the system of legal documents

On the morning of September 21, the Government held a national online conference to collect opinions on the draft Government Report on the results of reviewing the system of legal documents according to Resolution No. 101/2023 of the National Assembly . Deputy Prime Ministers Le Minh Khai, Tran Hong Ha, and Tran Luu Quang co-chaired the conference.

At Nghe An province, comrade Nguyen Duc Trung - Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Committee chaired the meeting. Attending the meeting were leaders of relevant departments, branches and sectors.

MANY CONTRADICTIONS, OVERLAPS, INADEQUACIES

At the conference, the leader of the Ministry of Justice briefly presented the draft report of the Government on the results of reviewing the system of legal documents according to Resolution No. 101/2023 of the 15th National Assembly.

Overview of Nghe An province bridge. Photo: Pham Bang

The working group has compiled and classified into 24 appendices corresponding to 24 groups of fields required for review in Resolution No. 101/2023, including 22 key fields, 1 group of other legal fields and 1 group of fields that have been recommended, proposed by inspection, supervision, audit, investigation, prosecution, trial and enforcement agencies or have many problems recommended by localities, people and businesses.

The total number of legal documents reviewed by the agencies is 397, including: 60 laws and resolutions of the National Assembly; 139 decrees of the Government and decisions of the Prime Minister; 198 other documents issued by central agencies.

The draft report of the Government has compiled and classified the recommendations and reflections of ministries, branches and localities on issues of contradictions, overlaps, loopholes, inadequacies and difficulties in the system of legal documents. Many problematic and inadequacies have been identified, amended and supplemented in a timely manner or included in the amendment and supplementation process to be submitted to competent authorities for handling according to regulations.

Leaders of departments, branches and sectors attended the conference. Photo: Pham Bang

In addition, the draft report also pointed out a number of shortcomings, limitations and causes, notably many contradictory, overlapping and inappropriate contents discovered through the review and the proposed post-review handling plan is still general, unclear and not specific; the issues considered to be entangled and inappropriate are actually due to the understanding and application of the law, not due to the provisions of the law.

At the conference, leaders of central ministries, branches and localities focused on discussing and giving opinions on the draft Government Report on the review according to Resolution 101/2023 of the National Assembly and the accompanying Appendices of review results corresponding to each field required in Resolution 101.

Specify the ENTITY PERFORMING THE CONTENTS OF THE TASKS AND SOLUTIONS

Contributing comments to the draft report, Comrade Nguyen Duc Trung - Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Committee said that the Provincial People's Committee has directed the review of the current legal system, focusing on 22 areas mentioned in Resolution 101 of the National Assembly and other areas, in which 140 shortcomings and problems were discovered in 79 current legal documents and 4 difficulties and problems in practice that need to be supplemented.

Emphasizing that the draft report of the Government has been fully and comprehensively compiled, the Chairman of the Provincial People's Committee said that in order to clarify the existing problems, limitations and causes, the draft needs to group the existing problems and limitations into 4 groups: The situation of overlapping, contradictory and conflicting legal regulations; The situation of legal regulations being inadequate compared to reality; The situation of some legal regulations lacking stability and the situation of the large number of sub-law documents making the legal system cumbersome...

Comrade Nguyen Duc Trung - Deputy Secretary of the Provincial Party Committee, Chairman of the People's Committee of Nghe An province spoke at the conference. Photo: Pham Bang

Regarding the causes of the existence and limitations of the legal system, it is necessary to clarify the objective and subjective causes, especially subjective causes such as the capacity of the drafting agency, the examining and appraising agency; the law-making process...

Chairman of the Provincial People's Committee Nguyen Duc Trung also requested to identify each entity to implement the contents of the tasks and solutions in the draft report. In addition, Nghe An proposed to add 4 more tasks for the Government, the Ministry of Justice and other ministries and branches to consider.

Firstly, it is necessary to have solutions to strengthen coordination between ministries and branches, including the leading role of the Ministry of Justice and the Government Office in developing, promulgating, reviewing, and organizing the implementation of legal documents as well as other legal tasks to promptly answer and remove difficulties in the implementation process.

Leaders of departments, branches and sectors attended the conference. Photo: Pham Bang

Second, it is recommended that the Ministry of Justice advise on strengthening and specifying the task of monitoring law enforcement and especially receiving information from the press and public opinion on legal regulations, thereby promptly guiding, amending, supplementing, and removing difficulties and obstacles in the process of organizing the enforcement and application of the law.

Third, the Ministry of Justice is requested to preside over and study the proposal to amend Decree No. 55 dated July 4, 2011 of the Government regulating the functions, tasks, powers and organizational structure of legal organizations so that ministries, branches and localities have a basis to perfect the apparatus and arrange sufficient staff for legal organizations while still being consistent with the policy of streamlining the organizational structure, reducing staff, ensuring sufficient quantity and quality.

Fourthly, the Ministry of Justice is requested to study, amend, supplement and replace regulations on procedures for promulgating legal documents to ensure strictness and substance; thoroughly overcome limitations and shortcomings in procedures in the draft report.

Leaders of departments, branches and sectors attended the conference. Photo: Pham Bang

FOCUS ON COMPLETING THE REPORT AND SUBMITTING IT TO THE NATIONAL ASSEMBLY FOR CONSIDERATION

Concluding the conference, Deputy Prime Minister Le Minh Khai assessed that the task of reviewing the system of legal documents is difficult and complicated because it involves many sectors and fields, while the time requirement is fast. The draft report of the Government has been basically synthesized fully, comprehensively and specifically, but the Prime Minister's Working Group needs to absorb the opinions of the delegates to continue perfecting the draft report.

Emphasizing the importance of the report's content in detecting and assessing shortcomings, obstacles, and overlaps, Deputy Prime Minister Le Minh Khai said that the Working Group needs to continue reviewing 22 key areas, thereby proposing to the National Assembly Standing Committee and the National Assembly for consideration and decision.

Leaders of departments, branches and sectors attended the conference. Photo: Pham Bang

The Working Group needs to focus on assessing and reviewing the contents of legal documents that have a major impact, hinder development, cause waste to society, and create loopholes for law violations, thereby proposing recommendations and proposals for timely amendments and supplements. In addition, the Working Group must coordinate with relevant ministries and branches to ensure the time to complete the report according to regulations.

Deputy Prime Minister Le Minh Khai also requested that any problematic or inadequacy issues in circulars of ministries and sectors must be promptly revised and resolved. The Government will continue to add tasks for revision and supplementation to the law and ordinance-making program for 2023 and 2024.

Source: https://baonghean.vn/nghe-an-de-nghi-bo-sung-4-nhiem-vu-trong-du-thao-bao-cao-ket-qua-ra-soat-he-thong-van-ban-quy-pham-phap-luat-post276847.html