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Law making must maximally institutionalize the Party's policies and guidelines.

Việt NamViệt Nam26/03/2024

On March 25, at the Government Headquarters, Prime Minister Pham Minh Chinh chaired the Government's special meeting on law-making in March 2024 to give opinions on 3 draft laws, 1 proposal to build a National Assembly Resolution and 1 proposal to build a law.

Attending the meeting were Deputy Prime Ministers Le Minh Khai and Tran Hong Ha; ministers, heads of ministerial-level agencies and government agencies; leaders of ministries, branches and central agencies.

Special Government meeting on law making in March 2024.

According to the meeting agenda, the Government discussed: Draft Law on Fire Prevention, Fire Fighting and Rescue (amended); Draft Law on Urban and Rural Planning; Draft Law on Geology and Minerals; Proposal to develop a Law amending and supplementing the Law on Management and Use of State Capital in Production and Business at Enterprises (amended); Resolution of the National Assembly on piloting the decentralization of the issuance of Judicial Records to the Justice Department under the People's Committees at the district level in Hanoi, Ho Chi Minh City and Nghe An province.

Speaking at the opening of the meeting, Prime Minister Pham Minh Chinh said that institutional improvement is one of the three strategic breakthroughs that the Party and State pay special attention to, lead, direct, and focus on investing in, building, and improving; identifying investment in institutional improvement as investment for development.

Since the beginning of the term, the Government has held 24 thematic meetings on law-making. Since the beginning of 2024, the Government has held 2 thematic meetings, reviewing and commenting on 14 draft laws, ordinances and resolutions. The work of law-making and promulgation has been increasingly carried out in a more systematic, scientific, professional, innovative and effective manner.

However, in the development process, there are still many obstacles and institutional bottlenecks that need to be removed to unleash resources for development; at the same time, there needs to be new mechanisms and policies to adapt to the 4th industrial revolution, promote the development of digital economy, green economy, circular economy, and emerging industries and fields.

Along with the development of laws, ministries and branches need to focus on developing decrees and circulars to specify the laws. In particular, it is necessary to focus on developing decrees and circulars to specify the laws on land, real estate, housing, credit, etc., striving to complete them in May 2024 to report to competent authorities and promptly implement the laws.

Prime Minister Pham Minh Chinh speaks at the meeting.

The Prime Minister requested that Government members focus their intelligence, continue the spirit of innovation; present reports and opinions concisely, clearly, and directly to the point; focus on discussing new, "stuck" and important issues with different opinions that need to be discussed, and seek the Government's opinion, ensuring the progress and quality of the Session.

At the meeting, the Government discussed: Draft Law on Fire Prevention, Fire Fighting and Rescue (amended); Draft Law on Urban and Rural Planning; Draft Law on Geology and Minerals; Proposal to develop a Law amending and supplementing the Law on management and use of state capital in production and business at enterprises (amended); Resolution of the National Assembly on piloting the decentralization of the issuance of Judicial Records to the Justice Department under the People's Committees at the district level in Hanoi, Ho Chi Minh City and Nghe An province.

Regarding the draft Law on Fire Prevention, Fire Fighting and Rescue (amended), the Government has enthusiastically discussed the scope of the Law; the application of international and foreign standards to the Law; solutions and designs for fire prevention and fighting for renovation works; responsibilities for examining and appraising fire prevention and fighting designs, etc.

In the Draft Law on Urban and Rural Planning, Government members discussed and clarified the necessity of law-making, the relationship, synchronization or overlap between the law and other laws related to planning work; analyzed and clarified the policy content on the urban and rural planning system, the nature and role of urban and rural planning types in the national planning system and specialized technical planning; classified urban areas based on urban scale and nature; expanded the subjects of underground space planning; decentralization and delegation of authority in urban and rural planning...

Regarding the draft Law on Geology and Minerals, the Government discussed in depth issues with different opinions such as the scope of regulation for mineral processing management; decentralization and delegation of authority in mineral management; classification of minerals and decentralization in mineral exploitation licensing; regulations on State investment in the exploitation of strategic, important minerals with high economic value and high demand; collection of fees for granting mineral exploitation rights... in order to effectively exploit the country's mineral resources; eliminate the "ask - give" mechanism, fight against negativity and corruption in mineral management and exploitation.

Regarding the National Assembly's proposal to draft a Resolution on piloting the assignment of a number of Justice Departments under the People's Committees at the district level in Hanoi, Ho Chi Minh City and Nghe An province to issue Judicial Records, delegates said that submitting the Resolution to the National Assembly for promulgation is extremely necessary, in order to institutionalize the Party and State's policies and guidelines on decentralization, delegation of power, administrative procedure reform, and improving the efficiency of state agencies' services to people and businesses.

Government members said that the Resolution should specify the criteria for selecting the Justice Departments to participate in the pilot; the order and procedures for issuing Criminal Record Certificates; the responsibilities of agencies and units coordinating the search and verification of information to issue Criminal Record Certificates; the collection and use of fees for handling administrative procedures for issuing Criminal Record Certificates; the scope of issuance of Certificates, etc.

Regarding the Proposal to develop the Law on Management and Use of State Capital Invested in Production and Business at Enterprises - Law 69 (amended), Government members said that amending the above Law is extremely necessary, aiming to institutionalize the guidelines and policies of the Party, National Assembly, and Government on innovation and improving the efficiency of state-owned enterprises; continue to perfect the legal framework on management and investment of state capital at enterprises and remove difficulties and obstacles in the past time.

In particular, the Government focused on discussing the management of state capital invested in enterprises; investment activities of enterprises; the arrangement and restructuring of state capital in enterprises; regulations on agencies and representatives of capital owners; corporate governance, etc.

Along with giving opinions on each content of the draft laws and resolutions, Prime Minister Pham Minh Chinh requested members of the Government, especially the ministries and branches that take the lead in developing and reviewing the content of the draft laws and resolutions to ensure the maximum suitability and institutionalization of the Party's guidelines and policies and the State's policies on related issues; the consistency and suitability between the laws and resolutions and the issued laws and regulations, avoiding conflicts and contradictions. In particular, the laws and resolutions must make the most of the country's resources; avoid waste, negativity, corruption, and avoid "asking - giving".

“Ministries and sectors must clarify in draft laws, especially amended laws, which content should be retained, which content is new, which content needs to be improved, and which content should be removed. Draft laws must be developed in the direction of promoting decentralization and delegation of power; reducing administrative procedures,” the Prime Minister requested.

Prime Minister Pham Minh Chinh directed relevant ministries, sectors and agencies to continue to consult with experts, scientists, managers and relevant stakeholders; and to closely coordinate with relevant agencies, sectors and branches, especially agencies of the National Assembly, in the process of drafting laws and resolutions.

The Prime Minister requested that Ministers, Heads of ministerial-level agencies and Government agencies continue to allocate resources and facilities for law-making and institutional improvement; promote communication to widely collect opinions from all people, and at the same time analyze and interpret so that people deeply understand related contents to contribute to perfecting the law and reach consensus when the law comes into life.../.


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