On the morning of February 12, the National Assembly discussed in groups the draft law on the promulgation of legal documents (amended). The draft law proposes to add authority to the Government to issue legal resolutions, parallel to the current form of decrees. 
Prime Minister speaks at the morning meeting on February 12
PHOTO: GIA HAN
Decrees alone will be slow.
Speaking at the discussion, Prime Minister Pham Minh Chinh affirmed that it is very necessary to stipulate that the Government is allowed to issue resolutions regulating legal norms.
Reality shows that life is always changing very quickly. For example, President Donald Trump has been in office for less than a month and "the world situation has been turned upside down, and countries have to focus on finding solutions to deal with the US".
Similar to the Covid-19 pandemic a few years ago, the National Assembly could not meet, so the Government had to issue resolutions to do things, from social distancing, isolation, restricting the right to travel...
From the examples just mentioned, the Prime Minister emphasized the principle that what is clear, mature, has been proven to be correct, effective, and agreed upon by the majority should be legalized. On the contrary, what is volatile should be given power to the executive agency to handle promptly.
The head of the Government also said that there are specific issues that need to be handled immediately, the Government can meet for 1 hour to decide. Without a legal resolution, it would be very difficult. "If a document is issued that is not legal, who would dare to issue it, who would dare to do it?", the Prime Minister said.
Recalling the case of 12 mounds of earth at Tan Son Nhat airport, the Prime Minister said that these mounds of earth were built 60-70 years ago, the records were lost, the depreciation value had run out, but according to the law, they still had to be evaluated and valued, so no one did it. As a result, the runway was completed but because of the mounds of earth, planes could not take off or land. In the end, the Government had to issue a resolution to handle it.
The above case is another example to prove the need for a legal resolution of the Government, to immediately handle urgent issues at a specific time. As of now, there is only the form of a decree, even if it is built according to the shortened process, it is still necessary to get opinions from all relevant agencies, which will be slow.
Delegates discuss the draft law on Promulgation of legal documents (amended)
PHOTO: GIA HAN
"It seems like a great power, but in reality it is not suitable"
Continuing the discussion, Prime Minister Pham Minh Chinh mentioned the constant changes in reality, "there are many things to deal with", which the law cannot always predict.
This requires that the provisions of the law be designed to be framework-based and principled, creating room for law enforcement agencies, businesses, and people to be flexible and creative, "as long as there is no embezzlement, corruption, or group interests."
A typical example is the recent Covid-19 pandemic. Vietnam has experience in dealing with cholera, fever, measles, etc., but no one expected a negative impact like Covid-19. There are problems that need to be solved immediately regarding test kits, drugs, vaccines, etc., but the law has not yet covered them all.
Along with creating creative spaces, the Prime Minister also suggested that there must be a mechanism to protect creators and accept risks when applying creativity.
Citing the story of the village chief who promptly took villagers to the mountain and avoided the flash flood in Lao Cai, the Prime Minister said that if everyone escaped, the village chief would be a hero, but if an accident happened on the way, he could become a sinner. Obviously, the village chief's actions were creative, stemming from pure motives, so they should be considered if risks occurred.
Another story is that during Typhoon Yagi, when the water level rose, the question arose whether to destroy Thac Ba Dam to ensure safety. Current regulations give the authority to decide to the Prime Minister, but the Prime Minister said that was not appropriate.
The decision to destroy the dam should have been made by the Minister of Agriculture and Rural Development, because the Minister is the one who is directly there and manages the dike system. But instead of directly, through an intermediary, the Minister has to report to the Prime Minister, "but the Prime Minister is not right there", while the decision has to be made in a split second.
Because of such regulations, the Minister of Agriculture and Rural Development "had to wait for me, while constantly moving, sometimes with signal, sometimes without". "It seemed like a very big right, that it was appropriate, but in reality it was not appropriate", said the Prime Minister.
To overcome the limitations, the Prime Minister said that when designing the Law on Promulgation of Legal Documents (amended), it is necessary to strengthen decentralization, reduce administrative procedures, and at the same time individualize related responsibilities.
Thanhnien.vn
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