At the 25th session, the National Assembly Standing Committee:
12:28, 15/08/2023
On the morning of August 15, within the framework of the program of the 8th Session, under the chairmanship of National Assembly Chairman Vuong Dinh Hue, the National Assembly Standing Committee held a question-and-answer session on a group of issues in the field of law. of the Department of Justice. The questioning session was connected online with 25 bridge points in provinces and cities across the country.
Attending at the bridge point of Dak Lak were comrades: Le Thi Thanh Xuan, Deputy Head of the delegation in charge of the Provincial Delegation of the National Assembly (Deputy National Assembly); Huynh Thi Chien Hoa, Chairwoman of the Provincial People's Council; Nguyen Tuan Ha, Standing Vice Chairman of the Provincial People's Committee; provincial parliamentarians; with representatives of the leaders of relevant departments and agencies.
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| Delegates attended at Dak Lak bridge point. |
Speaking at the opening of the Q&A session, National Assembly Chairwoman Vuong Dinh Hue said that this is the fourth question-and-answer session held at the session of the XNUMXth National Assembly Standing Committee. On the basis of summarizing the proposals of the delegations of the National Assembly deputies to consider the areas that have been and are being monitored by the National Assembly, the National Assembly Standing Committee has carried out supervision in the past time and answered questions during the term of the National Assembly. XV and the requirements of reality, the National Assembly Standing Committee decided to question a group of issues under the responsibility of the Ministry of Justice; Ministry of Agriculture and Rural Development at this meeting.
Emphasizing the questioning time in just one day, the wide range of questionable groups, many pressing issues in public opinion, the NA Chairwoman suggested that the National Assembly deputies ask questions. concise, clear, straight to the point, frank, responsible, constructive. At the same time, he asked the Ministers to uphold the sense of responsibility, answer briefly and to the point, clarify the questions raised by the National Assembly deputies, and at the same time offer practical, effective, feasible solutions to ensure the right fit. promptly and effectively overcome the short-term weaknesses and limitations, while creating substantive, fundamental and long-term changes in each question, contributing to improving the effectiveness and efficiency of the administration. management, meeting the requirements and expectations of voters and people nationwide.
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| National Assembly Chairman Vuong Dinh Hue delivered the opening speech of the Q&A session. Photo: quochoi.vn |
At the morning session, National Assembly Vice Chairman Nguyen Khac Dinh moderated the question-and-answer session on a group of issues within the areas of responsibility of the Ministry of Justice.
Accordingly, the delegates focused on questioning the implementation of the law- and ordinance-making program; solutions to ensure progress, quality and dossiers of procedures for projects and draft Government submitted to the National Assembly; solutions to improve the quality of the legal system, solutions to control power, and prevent corruption and negativity in law-making work are the responsibility of the Government.
In addition, the contents of the current situation and solutions to improve the capacity, effectiveness and efficiency of the inspection of legal documents; solutions to overcome the delay in promulgation, overlapping and contradictory contents and limitations and violations in the promulgation of documents detailing laws and resolutions of the National Assembly, ordinances and resolutions of the Committee Standing National Assembly; The current situation and solutions to overcome limitations and inadequacies, improve the efficiency of asset auction, judicial assessment, etc. were also openly questioned and debated by the delegates.
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| National Assembly Vice Chairman Nguyen Khac Dinh moderates the question-and-answer session in the judicial sector. Photo: quochoi.vn |
Responding to questions from delegates regarding resources in law-making work, Minister of Justice Le Thanh Long said that there are currently about 10.000 people working in legal affairs, of which nearly 7.000 are active in law. concurrently. There are 89 central legal organizations and 65 local legal departments.
Regarding funding, Minister Le Thanh Long said that the Prime Minister and Deputy Prime Minister and the determination of the Ministry of Justice and the Ministry of Finance, in 2022, the Ministry of Finance has issued Circular 42. Accordingly. , specific regulations on spending levels for the process of developing laws, decrees, circulars... In general, such spending is very low, but to have an improved level of expenditure according to Circular 42 is a process. The Minister's position is to try to arrange within the framework of the State-supported State.
Regarding the legal force, Minister Le Thanh Long said, if compared with the current workload of ministries and branches, it can be seen that the number of officials working in this field is very thin, very few and difficult to meet. meet the requirements; Some ministries and branches have the mentality of not giving priority to the legal field. The Ministry of Justice and the Ministry of Home Affairs are developing a draft of the revised Decree 55, in which the most important thing is to develop the title of "legal officer" from which a basis for policy development for this team is established.
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| Delegates attend at the main bridge point. Photo: quochoi.vn |
Regarding the examination of documents, Minister Le Thanh Long said that the authority to examine documents was relatively clear, in which the authority of the Government, ministries, branches and governing agencies - subjects who were entitled to submit laws. . In addition to general authority, there is self-examination and review authority. However, in the course of operation, the Ministry of Justice does not "automatically" check all documents according to its competence, but the ministries and branches self-check, the Ministry of Justice only intervenes with authority or helps the Government and Prime Minister. Prime Minister. The Ministry of Justice only intervenes when there are signs of violations.
Regarding decentralization and decentralization, the Minister affirmed that decentralization in general has been specified in the Constitution, but the difficult problem is that the provisions on decentralization of children's rights lie heavily in specialized laws. Therefore, in the decentralization process, there are places where the authority is decentralized but the procedures are not there, this is a bottleneck. If there is a separate document on hierarchy, it will be difficult to refine the content specified in the current documents. Therefore, try to better institutionalize the provisions of the Constitution and in the process of amending specialized laws to decentralize specific branches and fields.
Responding to the question raised by delegates about the issue of fear of responsibility, the Minister affirmed that this situation exists, but it is difficult to quantify, and there is a situation where the blame is on the legal system or the organization. The Minister said that, due to not considering the issues on the whole, the blame was due to the law; Some places tend to explain in the direction of "for their own convenience" or understand and apply the law inconsistently and administratively.
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| Minister of Justice Le Thanh Long answered questions from delegates. Photo: quochoi.vn |
Responding to questions from delegates about the delay and debt of legal documents, Minister of Justice Le Thanh Long said that the delay in issuing documents is a long-standing issue that has not been resolved. definitively. There is a certain increase or decrease in the number of debt documents each year, however, in 2021, the number of debt documents will increase slowly.
Over the past time, the Ethnic Council and Committees of the National Assembly have conducted monitoring, the Secretary General of the National Assembly has also reported on this issue, but the data is not similar. Therefore, it is necessary to review and research to ensure compatibility of details, however, in general, it can be confirmed that the situation of delay and debt is true. Despite the best efforts, there are long-term debt decrees that have not been resolved, such as the Decree on representative organizations of employees and collective bargaining, handling for the Labor Code; Decree on administrative sanctions in the field of fisheries, cyber security...
Analyzing the causes, the Minister said that due to too many details assigned to detailed regulations, or some short-effective Resolutions, it is necessary to urgently issue a replacement resolution... Provide a solution to this problem. The Minister only knew that the Prime Minister had issued a Resolution on a number of solutions to overcome problems and inadequacies in the development of legal documents, including regulations to ensure administrative discipline in the field of law. the formulation and promulgation of legal documents.
The Minister also said that Regulation 69 on handling and disciplining Party organizations for Party members is a very powerful tool. corruption, negativity, and group interests in the work of document development. In the long term, the Minister said that in law-making, it is necessary to specify many specific issues in the law, not relying on the development of explanatory and guiding documents.
Regarding the review of legal documents, the Minister said that since the report No. 442 was submitted to the Standing Committee of the previous National Assembly, the Ministry has submitted 10 more different review reports. In the near future, the units will submit to the National Assembly a review report on more than 22 areas. This poses a number of problems, because the review work takes time to implement, when reviewing, it is necessary to discuss to have a plan for amending, supplementing, adjusting, the responsibility for review belongs to the ministries, sectors and units also need to be improved.
According to the Minister, one of the important things to do is to review the recommendations, to avoid duplication, and to focus on preparing for the upcoming report to be submitted to the National Assembly at the Fifth Session of the National Assembly. 6 coming.
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| Session view. Photo: quochoi.vn |
Reporting more on the issuance of guiding documents, Minister of Justice Le Thanh Long shared that in the process of drafting the Law on the Promulgation of Legal Documents, there was a fierce debate on the regulation of project submission. The law must be enclosed with a draft Decree detailing its implementation. However, in practice it is very difficult to implement, many opinions suggest to stop implementing this regulation.
According to the Minister of Justice, although this is a good regulation, it is not feasible. If the contents have been drafted in the draft decree, they are always provided for in the law. On the other hand, making such a decree is to skip other steps in the process of promulgating the document. In fact, there are a number of draft laws submitted together with the draft decree, but compared to the promulgation, the decree changes almost entirely.
Responding to a question regarding the auctioneer's activities, Minister of Justice Le Thanh Long said that in the five years from 5 to 2018, the Ministry of Justice and various units, inspectors have carried out a total of 2022 inspections and examinations in the field of property auctions.
Minister Le Thanh Long clarified in the law on auctions, stricter regulations on processes, methods and regulations to reduce collusion and price dumping. Strengthen measures to professionalize auctioneers in accordance with the direction of the Central Steering Committee for Anti-Corruption and Anti-Corruption and Party documents. Currently, when entering the profession for this particular profession, it is necessary to be trained and master the practice skills ...
Regarding the orientation to amend the Law on Auction, the Minister of Justice said that following the principle of auction is the law of form, listing more fully public properties that need to be auctioned, updating terms, tightening regulations. tighten a number of regulations to reduce collusion, price lowering, profiteering and especially loss of state budget; take measures to strengthen capacity, professionalize the auctioneer team as a specific judicial profession and develop to online auction…
At the questioning session, the Ministers of the Ministry: Home Affairs; Supreme People's Procuracy; The Ministry of Natural Resources and Environment participated in answering questions and explaining related issues.
Lan Anh
