Discussion of the Law on Promulgation of Legal Documents (amended)

BTO-Continuing the program of the 9th Extraordinary Session, on the morning of February 12, the National Assembly discussed in Groups the draft Law on Promulgation of Legal Documents (amended).

Participating in giving opinions on the draft Law on Promulgation of Legal Documents (amended), National Assembly Delegate of Binh Thuan Province Tran Hong Nguyen said: In this amendment, the Government has introduced a very new policy, which is to add content on policy consultation. Currently, policy consultation is placed in relation to other forms of consultation. Specifically, social criticism with the role of the Fatherland Front; policy consultation in new policies; consultation on draft laws. This content is stipulated in Article 6 in the general provisions and in Article 30 in the law-making process.

National Assembly delegate of Binh Thuan province Tran Hong Nguyen discussed in groups this morning, February 12.

Delegate Tran Hong Nguyen suggested that it is necessary to clarify whether policy consultation is a mandatory process in the legislative process or not? What is the legal value of policy consultation? According to the delegate, the draft has not yet clarified whether policy consultation is a mandatory process or not. At the same time, the draft stipulates that the subjects of consultation are limited to the Ethnic Council, the Committees of the National Assembly and directly related ministries and branches. If policy consultation is a mandatory process, it is necessary to clarify the relationship between policy consultation and policy review. In case the policy consultation opinions and the review opinions are different, how will it be handled?

According to delegate Nguyen, it is necessary to clarify the legal value of policy consultation to avoid the situation where during consultation, opinions are given in one direction but when examined, opinions are given in another direction. This can lead to inconsistency in the policy-making process. Therefore, the delegate suggested clarifying what policy consultation is and its legal value, to avoid difficulties in practical implementation.

On the other hand, the content expressed in Article 6 is not consistent with Article 30. Specifically, Article 6 of the draft stipulates that the consultation subjects include the Ethnic Council, the National Assembly Committee, and the ministerial-level agency. Meanwhile, Article 30 is written in the direction that the agency that makes the policy proposal consults the Ethnic Council and the National Assembly Committee. This leads to an inconsistent understanding of the role of the consultation subject. Therefore, the delegate suggested rewriting it in the direction that the drafting agency is the unit that organizes the policy consultation, inviting councils, committees, and experts to participate in giving comments; it should not be regulated in the direction that the Ethnic Council or the Committee organizes the consultation themselves, because that is not in accordance with the role and authority.

In Article 67, regarding the solicitation of opinions on major issues in policy dossiers and draft legal documents, the delegate said that the provisions of the draft law are consistent with the legislative process under Regulation 178. However, currently, the legislative process has changed; previously, the Government submitted the draft law for the first time, then the National Assembly Standing Committee directed the reception, revision and re-submission to the National Assembly; but according to the new process, after the National Assembly gave its opinions, the Government continued to receive, revise the draft and explain until it was passed. Therefore, the delegate suggested that it is necessary to clarify what "submitted to the National Assembly" means? Because currently, most draft laws are submitted according to the one-session process, it is necessary to clearly define the submission stage to avoid confusion. In addition, when the draft law has been submitted to the National Assembly but the National Assembly Party Committee still asks for the Politburo's opinion, how will the coordination between the National Assembly Party Committee and the Government be implemented? According to the delegate, to ensure consistency, the process of asking for opinions from competent authorities should also be assigned to the drafting agency to carry out...

Source: https://baobinhthuan.com.vn/thao-luan-luat-ban-hanh-van-ban-quy-pham-phap-luat-sua-doi-127836.html