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Supplementing regulations on promulgating legal documents in special cases

Người Lao ĐộngNgười Lao Động12/02/2025

(NLDO) - The amendment of the Law on Promulgation of Legal Documents will contribute to removing institutional "bottlenecks".


On February 12, at the 9th extraordinary session, the Government submitted to the National Assembly the draft Law on Promulgation of Legal Documents (amended).

Presenting the report, Minister of Justice Nguyen Hai Ninh said that the law amendment aims to continue perfecting the legal framework for the construction and operation of a unified, synchronous, transparent, feasible, accessible, effective and efficient system of legal documents, contributing to removing "bottlenecks".

Bổ sung quy định ban hành văn bản quy phạm pháp luật trong trường hợp đặc biệt- Ảnh 1.

Minister of Justice Nguyen Hai Ninh presented the draft Law on Promulgation of Legal Documents (amended). Photo: Pham Thang

The draft law focuses on seven important, breakthrough innovations in the law-making process. First, continue to simplify the legal document system; strengthen power control; clearly define legislative and regulatory authority. Second, supplement the provision that the Government issues normative resolutions. Third, innovate the legislative program of the National Assembly. Fourth, innovate the process of developing and promulgating legal documents. Fifth, on the responsibilities of agencies submitting draft laws. Sixth, strengthen the leadership of Party committees at all levels and the responsibilities of heads of agencies in the process of developing and promulgating legal documents. Seventh, guide the application of legal documents.

Regarding the content of innovation in the process of developing and promulgating legal documents, the draft law separates the policy process from the preparation of the annual legislative program, more clearly defining the policy process and the drafting process.

For laws and ordinances, a policy process consisting of 4 basic steps is required. Based on the approved policy, a 7-step process will be drafted, including simplifying some procedures or some types of records and documents. With this process, the time to promulgate laws can be shortened from 22 months to 10 months.

Amending and supplementing regulations on the development and promulgation of legal documents according to simplified procedures at any step of the policy development and drafting process. At the same time, the draft law provides regulations to promote the autonomy and responsibility of the head of the drafting agency.

According to Minister Nguyen Hai Ninh, the draft law supplements regulations that the National Assembly, the President, the National Assembly Standing Committee, and the Government can issue legal documents in special cases with the consent of the Politburo for emergency cases as prescribed by law on emergency situations or incidents and disasters as prescribed by law on civil defense or force majeure events or urgent, important issues of the country.

Bổ sung quy định ban hành văn bản quy phạm pháp luật trong trường hợp đặc biệt- Ảnh 2.

Chairman of the Law Committee Hoang Thanh Tung presents the inspection report. Photo: Pham Thang

On the side of the auditing agency, Mr. Hoang Thanh Tung, Chairman of the National Assembly's Law Committee, said that the Committee agreed with the Government on reducing the form of legal documents of the People's Council and People's Committee at the commune level; supplementing the Government's resolution as legal documents; and changing the form of legal documents of the State Auditor General from decisions to circulars.

Regarding the process of the National Assembly reviewing and approving draft laws and resolutions, the Law Committee basically agrees with the direction that draft laws and resolutions will, in principle, be reviewed and approved 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 on and approving draft laws and resolutions, for example, collecting opinions from National Assembly deputies and National Assembly delegations during the policy-making process, organizing drafting, and organizing specialized National Assembly deputies' conferences to discuss and comment on draft laws and resolutions before the submitting agency officially submits the project...



Source: https://nld.com.vn/bo-sung-quy-dinh-ban-hanh-van-ban-quy-pham-phap-luat-trong-truong-hop-dac-biet-19625021211153134.htm

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