Only amend articles and clauses that serve the purpose of streamlining and streamlining the organizational structure.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Ho Long

B assassinates the request for continued arrangement and organization of the apparatus

Presenting the Government's Summary Report, Minister of Justice Nguyen Hai Ninh said that the draft Law amends and supplements a number of provisions of the current Law related to the development and promulgation of legal documents by commune-level authorities; the role of the Vietnam Fatherland Front in the development and promulgation of legal documents; amends and supplements a number of provisions to meet the requirements of science and technology development, innovation, creativity and digital transformation; and amends and supplements a number of provisions to facilitate the implementation of the Law.

In particular, the draft Law removes the authority to issue legal documents of the People's Council and People's Committee at the district level, replacing it with the authority to issue legal documents of the People's Council and People's Committee at the commune level; amends the regulation that the People's Council at the provincial level issues resolutions to prescribe policies and measures for socio -economic development, budget, national defense and security in the locality...

In addition, regarding the addition of decentralization content, the Minister said that he will study to regulate it in accordance with the Law on Organization of Local Government which will be amended in the upcoming Ninth Session.

Minister of Justice Nguyen Hai Ninh presented the Draft Law on amending and supplementing a number of articles of the Law on Promulgation of Legal Documents. Photo: Ho Long

Regarding the handling of documents issued by competent agencies issuing legal documents when arranging the organization and apparatus, the draft Law supplements Clauses 4, 5, 6 and Clause 7, Article 72 of the Law to handle legal documents issued by People's Councils and People's Committees at provincial, district and commune levels and complete the handling before March 1, 2027.

At the same time, the draft Law also stipulates that the People's Council and People's Committee at the commune level are allowed to issue administrative documents to select the application of legal documents of the commune-level administrative unit before the arrangement or to abolish legal documents of the commune-level administrative unit before the arrangement. However, the draft Law stipulates that the People's Council and People's Committee at the commune level are not allowed to stipulate retroactive effect.

Minister Nguyen Hai Ninh also stated that the draft Law supplements regulations to meet the requirements of innovation, creativity, and digital transformation according to Resolution 57-NQ/TW of the Politburo on breakthroughs in science and technology development, innovation, and national digital transformation; at the same time, technically amend 6 articles...

Chairman of the Law and Justice Committee Hoang Thanh Tung presented a summary review report on the draft Law. Photo: Ho Long

Presenting the Summary Review Report on the draft Law, Chairman of the Committee on Law and Justice Hoang Thanh Tung said that the Committee and agencies agreed to amend and supplement the Law on Promulgation of Legal Documents for the reasons and political, legal and practical bases as stated in the Submission, and highly appreciated the efforts and urgent efforts of the Government and the Drafting Agency in preparing the draft Law dossier; agreed with the construction of this Law according to the shortened procedures; the draft Law dossier was guaranteed to be complete and submitted on time as prescribed.

Regarding the content of documents of the People's Council and People's Committee, Point c, Clause 1, Article 21 and Clause 2, Article 22 of the current Law are proposed to supplement the authority of the People's Council at the provincial and communal levels to issue resolutions to regulate "decentralization", and the People's Committee at the communal level to issue decisions to "decentralize".

The Committee on Law and Justice found that this provision is not consistent with the provisions of the Law on Organization of Local Government. Accordingly, decentralization only applies to the activities of the system of state administrative agencies. Therefore, it is proposed to remove the above provision to ensure consistency in the legal system.

There are opinions suggesting not to stipulate that the People's Committee at the commune level can "decentralize" to specialized agencies and other subordinate administrative organizations, because the commune-level government must be close to the people, so it needs to directly perform and be responsible for the performance of its duties and powers.

Clause 2, Article 57 of the current Law stipulates the maintenance of the validity of detailed regulations, documents stipulating specific measures for organization and implementation guidance are still appropriate to reduce the burden of drafting and promulgating detailed regulations, ensuring stability in the application of documents. The draft Law has divided the validity of detailed regulations into 2 cases, in which the phrase " not contrary " is replaced by " not suitable ", removing the provision on the validity of the content " stipulating specific measures for organization and implementation guidance of documents "; removing the provision " except in cases where they are announced to have expired in whole or in part".

The Committee on Law and Justice found that the Law on Promulgation of Legal Documents has just come into effect, so there is not enough time to evaluate whether it is appropriate or not to propose amendments to this content.

Delegates attending the meeting. Photo: Ho Long

The Draft Law also does not stipulate how to handle documents that " prescribe specific measures for organizing and guiding implementation " when the guided legal documents cease to be effective in whole or in part.

Meanwhile, the draft Law has removed the provision " except in cases where it is announced to have expired in whole or in part ", which has eliminated the rights and responsibilities of the issuing entities or competent entities in abolishing the documents as prescribed in Clause 2, Article 8 of the Law.

The Draft Law also removes the provision on " announcing " expired documents, while this is a very necessary provision to ensure the publicity and transparency of the legal system, so that people know, implement and facilitate the supervision of sub-law legal documents.

From the above analysis, Chairman of the Law and Justice Committee Hoang Thanh Tung proposed to clarify the reasons for proposing to amend the above contents so that the National Assembly Standing Committee and the National Assembly have a basis for consideration and decision.

Need to maintain the regulation on establishing the Appraisal Council

Members of the National Assembly Standing Committee noted that the draft Law has thoroughly grasped and closely followed the requirements of the Central Committee, the Politburo, and the Secretariat on continuing to reorganize the apparatus of the political system, on breakthroughs in science and technology development, innovation, and national digital transformation to propose amendments suitable to the new situation.

Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga speaks. Photo: Ho Long

Although the draft Law on Amendments and Supplements does not contain many provisions of the current Law on Promulgation of Legal Documents, Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga suggested that only those contents serving the arrangement of the administrative apparatus that must be revised should be revised and supplemented. "Content that does not need to be revised immediately but can still be implemented will not be revised this time, only those issues that must be revised will be revised," the Permanent Deputy Head of the People's Aspirations and Supervision Committee suggested.

Regarding the addition of authority for the People's Councils at provincial and communal levels to issue resolutions to regulate "decentralization" and for the People's Committees at communal levels to issue decisions to "decentralize", Permanent Deputy Chairwoman of the Committee Le Thi Nga said that this provision is not consistent with the provisions of the Law on Organization of Local Government, so it should be removed to ensure consistency in the legal system.

View of the meeting. Photo: Ho Long

Compared to the current Law, the Government proposes to remove the regulation on the establishment of an Appraisal Council to appraise policies proposed by the Ministry of Justice, projects drafted by the Ministry of Justice or when necessary. Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga found that this model is showing good results, so the regulation on the establishment of an Appraisal Council as in the draft Law should not be removed.

Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh highly appreciated the Government and the Ministry of Justice for their proactive efforts in coordinating with relevant agencies in preparing the draft Law dossier for submission to the National Assembly Standing Committee and the National Assembly according to the set plan. The Committee on Law and Justice actively coordinated with the National Assembly agencies and the drafting agency to conduct research and examination. The examination report fully and comprehensively expressed the viewpoint on each content.

The Vice Chairman of the National Assembly also emphasized that the general principle is to only amend articles and clauses that must be amended to serve the work of arranging, innovating, and streamlining the organizational apparatus, meeting the requirements of scientific and technological development and innovation in the coming time.

Thanh Hai

Source: https://daibieunhandan.vn/chi-sua-doi-nhung-dieu-khoan-phuc-vu-viec-sap-xep-tinh-gon-to-chuc-bo-may-post411534.html