(TN&MT) – On February 12, at the Opening session of the 9th Extraordinary Session of the 15th National Assembly, Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, presented the Proposal on the draft Law on Promulgation of Legal Documents (amended).
Overcoming shortcomings and limitations in the implementation of the Law
Presenting the Summary Report of the draft Law on Promulgation of Legal Documents (amended), Minister of Justice Nguyen Hai Ninh said that the development and promulgation of the Law on Promulgation of Legal Documents (amended) is necessary to institutionalize the Party's guidelines and policies on building, perfecting and organizing the implementation of laws in Resolution No. 27-NQ/TW of the 6th Central Conference of the 13th tenure on continuing to build and perfect the Socialist Republic of Vietnam's rule of law state in the new period, Regulation No. 178-QD/TW dated June 27, 2024 of the Politburo on controlling power, preventing and combating corruption and negativity in law-making work... At the same time, overcoming shortcomings and limitations in the implementation of the Law on Promulgation of Legal Documents 2015.
Regarding the scope of regulation, the draft Law provides more general provisions and supplements the content and responsibility for implementation in addition to the content on the development of legal documents, specifically as follows: "This Law provides for the development and promulgation of legal documents; some contents on the organization of implementation of legal documents", at the same time, maintains the current Law's provisions on not providing for the making of the Constitution or amending the Constitution.
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 legal document system; strengthen power control; clearly define legislative and regulatory authority; Supplement the provision that the Government issues normative resolutions in Article 14; Innovate the development of the National Assembly's legislative program: towards developing the legislative orientation for the term, the annual legislative program of the National Assembly with high flexibility; Innovate the process of developing and promulgating legal documents; The draft Law stipulates that the submitting agency is responsible for presiding over and coordinating with the examining agency and relevant agencies in studying and absorbing opinions of the National Assembly Standing Committee and the National Assembly to revise the draft law; The draft Law supplements provisions 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; The draft Law supplements provisions on cases, principles, criteria, and authority to guide the application of legal documents.
Perfecting institutions to meet the requirements of national construction and development in the new period
Presenting the Summary Report on the Review of the Draft Law on Promulgation of Legal Normative Documents (amended), Chairman of the National Assembly's Committee on Law Hoang Thanh Tung said that the Committee on Law (UBPL) agrees with the comprehensive revision of the Law on Promulgation of Legal Normative Documents (LNDD) with the political, legal, practical reasons and bases, and viewpoints as stated in the Government's Submission in order to promptly institutionalize the Party's policy on innovation and improvement of the law-making process; contributing to speeding up the progress, improving the quality of drafting and promulgating legal normative documents, and perfecting the institution to meet the requirements of national construction and development in the new period.
Regarding the content, the Law Committee found that the draft Law has basically followed and fully institutionalized the orientation of innovation and perfected the law-making process according to Conclusion No. 119-KL/TW dated January 20, 2025 of the Politburo and the requirement of innovation in law-making thinking. The draft Law has 08 chapters and 72 articles, 101 articles less than the current Law, although the scope of regulation is expanded to include some contents on the responsibility of organizing law enforcement. In addition, it is recommended to continue reviewing to ensure the consistency of the legal system, especially with other draft laws considered and approved by the National Assembly at the same Session.
Regarding policy consultation, the People's Committee proposed 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.
Regarding the approval and adjustment of the annual legislative program (Articles 25 and 26), the Standing Committee of the National Assembly basically agrees with the provisions of the draft Law on the process of approving 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 drafting laws, ordinances and resolutions. At the same time, it is proposed to continue inheriting the current Law, supplementing provisions on the responsibilities of the Standing Committee of the National Assembly in implementing the legislative program; supplementing provisions that for projects submitted by the Standing Committee of the National Assembly, the National Assembly shall establish a temporary Committee or assign a National Assembly agency to preside over the examination.
Examining the cases of implementing the policy-making process (Article 27), the relationship between the policy-making process and the document drafting process, the Law Committee basically agrees with the provisions of the draft Law on 03 cases where the policy-making process must be implemented: for large, new, important law and resolution projects, regulations on pilot implementation; and for other projects, in case of new policies, they will be developed and evaluated integrated into the drafting process. In addition, there are opinions suggesting that the case of developing and promulgating a Government decree stipulated in Point c, Clause 1, Article 14 must also implement the policy-making process because this document contains many new and difficult policies that need to be carefully evaluated.
Regarding the regulations on the relationship between the policy development process and the document drafting process, some opinions suggested researching and reviewing to be able to more concisely regulate the drafting process for projects that have implemented the policy development process to avoid duplication of processes and procedures, contributing to speeding up the document drafting progress.
Regarding the process of the National Assembly reviewing and approving draft laws and resolutions, the Law Committee basically agrees with the orientation that draft laws and resolutions will be reviewed and approved in principle 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 and approving draft laws and resolutions...
In order to have a basis for further perfecting the draft Law, the Chairman of the Law Committee requested that National Assembly deputies focus on discussing and giving opinions on the following issues: On the legal system (Article 4); On social criticism and policy consultation (Articles 3, 6, 30 and 68); On the approval and adjustment of the annual legislative program (Articles 25 and 26); On cases of implementing the policy-making process (Article 27), the relationship between the policy-making process and the document drafting process (Sections 2 and 3, Chapter III); On the process of the National Assembly reviewing and approving draft laws and resolutions (Articles 39, 40 and 41); On asking for opinions from competent authorities on major issues of the draft legal documents (Clause 2, Article 67); Other contents that National Assembly deputies are interested in.
Source: https://baotainguyenmoitruong.vn/trinh-quoc-hoi-du-an-luat-ban-hanh-van-ban-quy-pham-phap-luat-sua-doi-386544.html
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