Continue to simplify the system of legal documents

On the morning of February 12, at the 9th Extraordinary Session, the National Assembly listened to the presentation of the Submission and the Verification Report on the draft Law on Promulgation of Legal Documents (amended).

Clearly define legislative and regulatory authority

Authorized by the Prime Minister to present a summary of the Proposal, Minister of Justice Nguyen Hai Ninh said that the development and promulgation of the Law is necessary to continue perfecting the legal framework for the construction and operation of the system. legal document unified, synchronous, transparent, feasible, accessible, effective and efficient, contributing to removing "bottlenecks", unleashing all potentials and resources, creating new momentum for the country's rapid and sustainable development.

Minister of Justice Nguyen Hai Ninh. (Photo: DUY LINH)

Inheriting the current Law, the draft Law provides more general provisions and supplements the content and responsibility for implementation in addition to the content on drafting legal documents, while maintaining the current Law's provisions on not providing for making or amending the Constitution.

Implementing the institutionalization of the policy of innovation in law-making thinking, the draft Law is structured with 8 chapters and 72 articles (a reduction of 9 chapters, equivalent to 53% of the number of chapters, and 101 articles, equivalent to 58.4% of the number of articles compared to the 2015 Law).

According to the Minister of Justice, the draft Law on Promulgation of Legal Documents (amended) focuses on 7 important and breakthrough innovations in the law-making process as follows:

Continue to simplify the system of legal documents; strengthen power control; clearly define legislative and regulatory authority.

Supplementing the provision that the Government issues normative resolutions in Article 14.

Innovate the construction of the National Assembly's legislative program in the direction of building the National Assembly's term legislative orientation and annual legislative program with high flexibility.

Innovation in the process of drafting and promulgating legal documents.

Stipulate the submitting agency responsible for presiding over and coordinating with the reviewing agency and relevant agencies in studying and absorbing opinions of the National Assembly Standing Committee and the National Assembly to revise the draft law.

Supplementing regulations to strengthen the leadership of Party committees at all levels and the responsibility of heads of agencies in the process of developing and promulgating legal documents.

Supplementing regulations on cases, principles, criteria, and authority to guide the application of legal documents.

Approve the policy consultation provisions

Reviewing the draft Law, the Law Committee agreed with the agency submitting the project on reducing the form of legal documents of the People's Council and People's Committee at the commune level; supplementing the Government's resolution as a legal document; changing the form of legal documents of the State Auditor General from decisions to circulars.

Regarding social criticism and policy consultation (Articles 3, 6, 30 and 68), the Law Committee agrees with the regulation that the Vietnam Fatherland Front and socio-political organizations conduct social criticism on draft legal documents to ensure the promotion of the role of the Vietnam Fatherland Front and socio-political organizations.

Regarding policy consultation, the Law Committee basically agrees with the provisions of the draft Law and believes that this provision helps agencies coordinate more closely and effectively, contributing to improving the quality and speeding up the progress of drafting and promulgating legal documents. In addition, it is recommended to clearly define the subject of organizing the policy consultation conference as the agency that makes policy proposals; research to expand the subjects of policy consultation to improve the quality and effectiveness of consultation.

Chairman of the Law Committee Hoang Thanh Tung presents the inspection report. (Photo: DUY LINH)

Regarding the adoption and adjustment of the annual legislative program (Articles 25 and 26), the Law Committee basically agrees with the provisions of the draft Law on the process of adopting the annual legislative program. In addition, there are opinions suggesting that in order to ensure the professionalism and strictness of the process, it is necessary to stipulate "examination" instead of "reviewing and proposing" opinions on proposals for the development of laws, ordinances and resolutions. At the same time, it is proposed to continue to inherit the current Law, supplementing provisions on the responsibility of the National Assembly Standing Committee in implementing the legislative program; supplementing provisions that for projects submitted by the National Assembly Standing Committee, the National Assembly shall establish a temporary Committee or assign a National Assembly agency to preside over the examination.

Regarding the process of the National Assembly reviewing and approving draft laws and resolutions, the examining agency basically agrees with the direction that draft laws and resolutions will, in principle, be reviewed and approved in one session to speed up the promulgation process while still ensuring the quality of the documents.

In addition, to ensure the quality of laws and resolutions, it is recommended to study and supplement regulations to further promote the role and responsibility of National Assembly deputies in the process of reviewing, commenting on and approving draft laws and resolutions, for example, collecting opinions from National Assembly deputies and National Assembly delegations during the policy-making process and drafting organization; organizing specialized National Assembly deputies' conferences to discuss and comment on draft laws and resolutions before the submitting agency officially submits the project; increasing the time for group discussion on draft laws and resolutions during the session so that National Assembly deputies can discuss and comment thoroughly and the submitting agency can receive and explain before the National Assembly discusses in the Hall...

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