According to the Resolution, difficulties and obstacles caused by legal regulations that hinder, obstruct, or cause blockages in socio -economic development are determined according to one of the following criteria: contradictory or overlapping regulations in the same legal document or between legal documents; regulations of legal documents are unclear, have many different interpretations, are unreasonable, unfeasible, causing difficulties in applying and implementing the law; regulations of legal documents create a burden of compliance costs; there are no regulations of legal documents or there are regulations but they limit innovation, creativity, development of new growth drivers, unlocking resources, promoting economic growth and international integration.
The Resolution allows the Government to issue resolutions to adjust certain provisions of laws and resolutions submitted by the Government when laws and resolutions of the National Assembly have not been amended or supplemented, and must be reported to the National Assembly Standing Committee and the National Assembly at the nearest meeting or session.
The Resolution also stipulates that in cases where the issuance of a Government resolution leads to the simultaneous amendment of laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee not submitted by the Government, the drafting agency must seek the opinion of the agency submitting the law, resolution, or ordinance. At the same time, the Government must report to the National Assembly Standing Committee before promulgation.
If the issuance of a Government resolution contains content regulating issues that are not regulated by law or resolution of the National Assembly or have a major impact on the socio-economy, national defense, security, or foreign affairs, it must seek the opinion of a competent Party agency before issuance.
In case a Government resolution leads to amendments or supplements to a Government decree, a Prime Minister's decision, or a circular of a minister or head of a ministerial-level agency, it shall be stipulated in that resolution.
The Resolution also clearly stipulates that the Government's resolution must clearly specify the expiration date and must be before March 1, 2027; the list of legal documents and articles, clauses, and points proposed for amendment and supplementation to ensure consistency and synchronization.
At the same time, the resolution also stipulates that in case laws and resolutions not submitted by the Government have not been amended, the National Assembly Standing Committee may issue resolutions to adjust the provisions of the laws and resolutions and report to the National Assembly at the nearest session.
Source: https://www.sggp.org.vn/chinh-phu-ban-hanh-nghi-quyet-dieu-chinh-van-de-tac-dong-lon-phai-xin-y-kien-co-quan-co-tham-quyen-cua-dang-post800827.html
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