On the afternoon of February 12, the National Assembly listened to the Submission and Verification Report on the draft Resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the state apparatus.
Authorized by the Prime Minister, presenting the Report, Minister of Justice Nguyen Hai Ninh said that the issuance of the Resolution aims to create a legal basis for the reorganization of the apparatus of state agencies at the central and local levels, thereby promptly handling issues arising during the reorganization of the state apparatus, avoiding legal gaps, ensuring the normal, continuous and smooth operation of the state apparatus and the whole society; not interrupting the implementation of international treaties and international agreements; ensuring human rights and civil rights in accordance with the provisions of law.
Specifically, the Resolution is structured into 15 articles, including: Article 1 specifically defines the scope of regulation; Article 2 stipulates general principles in handling a number of issues related to the reorganization of the state apparatus; Articles 3 to 12 stipulate specific principles for handling a number of issues related to the reorganization of the state apparatus.
In particular, regarding the name and use of seals of competent agencies and positions (Article 3) stipulates the principle of converting the name of competent agencies and positions to the name of the agency or position receiving the functions, tasks and powers; at the same time, it stipulates that competent agencies and positions that have changed after the organizational arrangement are allowed to use seals, carry out procedures for registering seal samples and withdrawing seals according to the provisions of law.
Regarding the implementation of functions, tasks and powers of competent agencies and individuals (Article 4) stipulates that when arranging the organization of the state apparatus, the functions, tasks and powers of competent agencies and individuals are implemented according to the principle of transfer to the competent agency or individual receiving such functions, tasks and powers for continued implementation.
In addition, it stipulates the responsibilities of agencies after reorganizing the apparatus in receiving, responding, guiding, and resolving issues related to their functions, tasks, and powers when receiving requests and recommendations from individuals and organizations.
The Minister of Justice also informed about the responsibilities of competent agencies and individuals in resolving issues arising during the implementation of the reorganization of the state apparatus. Article 13 stipulates the responsibilities of competent agencies and individuals in issuing documents, resolving or authorizing the issuance of documents, and resolving issues arising during the reorganization of the state apparatus.
In particular, the National Assembly assigns the Government, the Chief Justice of the Supreme People's Court, and the Chief Procurator of the Supreme People's Procuracy to consider, issue documents, resolve or authorize the issuance of documents to resolve arising issues under the authority of the National Assembly, periodically report to the National Assembly Standing Committee every quarter and report to the National Assembly at the nearest session.
Examining the above issue, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that the Law Committee agreed with the necessity of promulgating and highly appreciated the Government's initiative in developing and submitting to the National Assembly for promulgation a Resolution regulating the handling of a number of issues related to the reorganization of the state apparatus.
Accordingly, the draft Resolution dossier has been fully ensured according to the provisions of law; the draft Resolution has been accepted and completed in one step according to the Conclusion of the National Assembly Standing Committee and the preliminary review opinion of the Standing Committee of the Law Committee, and is eligible to be submitted to the National Assembly for consideration and decision.
Regarding the review and processing of documents (Article 11), the Law Committee agrees that it is necessary to specify the deadline for completing the amendment, supplementation or issuance of replacement documents for documents affected by the reorganization of the state apparatus.
Some opinions say that the regulation of 3 months to review and determine the plan to handle documents is too long because currently all agencies have basically completed the review. There are also concerns about the feasibility of the regulation of 2 years to complete the amendment, supplement or promulgation of replacement documents because according to the preliminary review of the agencies, the number of documents that need to be amended, supplemented or newly promulgated at both central and local levels is very large while it is unclear what mechanism the Government can monitor and ensure the implementation of this goal.
Regarding the settlement of issues arising from the reorganization of the state apparatus (Article 13), the Law Committee agrees with the necessity of assigning the Government, the Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme People's Procuracy to consider and issue documents to resolve issues arising after the reorganization of the state apparatus under the authority of the National Assembly to increase the proactiveness and flexibility of agencies in promptly handling issues and situations arising after the reorganization that have not been adjusted in the Resolution.
There are opinions suggesting to clearly define that this authority only applies to issues arising when reorganizing the state apparatus under the authority of the National Assembly that have not been regulated or foreseen in this Resolution or have been regulated in this Resolution but are no longer suitable to practice after the reorganization of the state apparatus.
In addition, there are opinions that, because this is a matter under the authority of the National Assembly, it is necessary to issue legal documents, possibly following shortened procedures, to carry out these tasks and powers in order to ensure requirements on transparency, control of power and avoid abuse.
Source: https://daidoanket.vn/trinh-quoc-hoi-nghi-quyet-xu-ly-cac-van-de-phat-sinh-khi-thuc-hien-sap-xep-to-chuc-bo-may-10299782.html
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