Head of the 15th National Assembly Delegation of Ha Giang province, Ly Thi Lan, discussed the draft Law on Promulgation of Legal Documents (amended).

16:46, 12/02/2025

BHG - Continuing the working program of the 9th Extraordinary Session, immediately after the opening, the National Assembly discussed in groups about 2 draft laws: the Law amending and supplementing a number of articles of the Law on Organization of the National Assembly and the Law on Promulgation of Legal Documents (amended).

Participating in the discussion on the draft Law on Promulgation of Legal Documents (amended), Head of the 15th National Assembly Delegation of Ha Giang province, Ly Thi Lan, agreed and highly agreed with the comprehensive amendment of the Law this time with the reasons, political, legal, practical bases, and viewpoints stated in the Government's Submission. The amendment of the Law this time aims to promptly institutionalize the Party's policy on innovation, perfect the law-making process, and strictly implement the viewpoint of innovation in law-making thinking that has been thoroughly grasped by the Party and State leaders in the past time.

Scene of the discussion session at group 6. Photo: Contributor

Head of delegation Ly Thi Lan participated in the discussion. Photo: Contributor

Regarding specific contents, Head of the delegation Ly Thi Lan said: The draft Law abolishing the system of legal documents (QPPL) at the commune level is appropriate because not regulating this system of documents will be consistent with the plan to abolish the People's Council at the commune level and consistent with the current practical situation where it is not necessary to issue QPPL documents at the commune level.

The Head of the National Assembly Delegation also proposed to consider and weigh the regulation of the system of legal documents of the People's Councils of districts, towns, provincial cities, and centrally-run cities as stipulated in Clause 13, Article 4 to ensure the feasibility and longevity of the documents and to ensure that they are consistent with the practical situation of the organizational apparatus in the coming time.

Regarding the language, format, presentation techniques and translation of legal documents into ethnic minority languages ​​and foreign languages ​​in Clause 2, Article 7 of the draft, the Head of the National Assembly Delegation of Ha Giang province proposed to consider adding other parts of the layout in addition to the layout as in the current draft, because in reality, there are many legal documents with different layouts. The delegate gave an example in the 2015 Civil Code with a " sub-section " layout. On the other hand, the current Law on Promulgation of Legal Documents also stipulates that the layout of legal documents can be arranged in parts, chapters, sections, sub-sections, articles, clauses, and points. Therefore, the delegate proposed to review, consider, edit and supplement to suit the practical situation.

Regarding the content of the regulation on amending, supplementing, replacing, abolishing or suspending the implementation of legal documents in Clause 2, Article 8, Head of the delegation Ly Thi Lan proposed that the Drafting Committee add the phrase " legal norm " after the phrase " abolished by document ..." to be complete and consistent with the nature of legal documents. If the abolition regulation is in writing by the agency or person with the authority to issue it, it will be understood that it can be issued by legal documents or can be issued by administrative documents, leading to the abolition of legal documents without consistency.

Regarding the order and procedures for drafting legal documents according to the shortened order and procedures in Article 51, Head of the delegation Ly Thi Lan proposed to consider only pre-drafting proposals (Clause 2, Article 50) to avoid the case where the competent authority has given the policy but the competent authority drafting the document does not immediately draft the document but waits until close to the session of the People's Council, People's Committee or when the Central or provincial document urges to draft the document and will advise on promulgation according to the shortened order and procedures to meet the required time.

The delegate also suggested: The drafting agency should clarify the concept of "its own agency" as the agencies and units assigned to draft the document or which agency (Point b, Clause 4, Article 50) to comply with the provisions of Decree No. 42/2022/ND-CP; review and edit the content at Point d, Clause 7 to comply with the working regulations of the People's Council because the Resolution of the People's Council cannot be passed immediately after receiving the draft but can only be passed at the nearest session of the People's Council and can only be passed when more than half of the total number of People's Council delegates vote in favor according to Clause 3, Article 91 of the Law on Organization of Local Government 2015.

In addition, Head of the delegation Ly Thi Lan also gave opinions on other provisions such as: On the cases and authority to decide on the development and promulgation of legal documents according to the simplified procedures in Article 50; on legal documents that have expired in Clause 2, Article 57; On the responsibilities of agencies, organizations and competent persons in the development, promulgation and implementation of legal documents in Article 68...

Duy Tuan (synthesis)

Source: https://baohagiang.vn/thoi-su-chinh-tri/202502/truong-doan-dbqh-khoa-xv-don-vi-tinh-ha-giang-ly-thi-lan-thao-luan-ve-du-an-luat-ban-hanh-van-ban-quy-pham-phap-luat-sua-doi-8da1ea9/