2 'special solutions' to remove legal obstacles

On the afternoon of June 20, continuing the program of the 9th session of the 15th National Assembly, the Minister of Justice, authorized by the Prime Minister, presented the draft Resolution of the National Assembly on the mechanism for handling difficulties and problems caused by legal regulations.

Minister of Justice Nguyen Hai Ninh

PHOTO: GIA HAN

One of the options is to explain or guide the application of legal documents. In addition, there is the issuance of legal documents to adjust or amend and supplement current regulations.

Notably, the Government proposed two "special solutions". One is that, while the laws and resolutions of the National Assembly have not been amended or supplemented, the Government is allowed to issue legal resolutions to adjust a number of relevant provisions in the laws and resolutions of the National Assembly submitted by the Government; report to the National Assembly Standing Committee and the National Assembly at the nearest meeting or session.

If the content of the amendment or supplement leads to the simultaneous amendment or supplement of laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee not submitted by the Government , the issuance of the Government's resolution prescribed in this clause must seek the opinion of the National Assembly Standing Committee.

Second, for laws and resolutions of the National Assembly that are not submitted by the Government and do not fall under the above cases, the National Assembly Standing Committee may issue resolutions to adjust a number of relevant provisions in laws and resolutions of the National Assembly and report to the National Assembly at the nearest session.

According to the Government, the provision of "special options" is a very necessary temporary solution to avoid the situation of "waiting for law amendments", causing congestion in management, investment, and business activities and negatively affecting socio-economic development.

The government also noted that the “special measures” do not replace the formal legislative process. Therefore, to avoid the risk of “temporary but prolonged”, the draft sets the expiry date of the resolutions as before March 1, 2027.

Examining the draft, the Law and Justice Committee agreed to the proposal to assign the Government to issue a legal resolution to adjust a number of relevant provisions in the laws and resolutions of the National Assembly submitted by the Government to promptly remove "bottlenecks".

This is similar to the specific handling mechanism prescribed in a number of laws and resolutions of the National Assembly.

However, the examining agency proposed to study and add conditions for the content of the Constitution that must be adjusted by law, before the Government issues a document to handle it, it needs to report and seek opinions from the National Assembly Standing Committee.

Thanhnien.vn

Source: https://thanhnien.vn/2-giai-phap-dac-biet-de-thao-go-vuong-mac-ve-phap-luat-185250620152658258.htm