Special mechanisms and policies create breakthroughs in law making and enforcement.

This Resolution stipulates a number of special mechanisms and policies on finance, human resources, development and application of digital technology , digital transformation to create breakthroughs in law-making and a number of tasks and activities of law enforcement organizations to directly support law-making.

Tasks and activities to which special mechanisms and policies are applied

According to Article 2 of the Resolution, the following tasks and activities are subject to special mechanisms and policies:

Research strategies and policies to develop viewpoints, guidelines, lines and orientations on law-making at agencies of the Party, State and Vietnam Fatherland Front .

Develop and promulgate legal documents and participate in international law making.

Resolve international disputes and handle other legal issues arising in the process of international integration.

Monitor, guide, and urge the implementation and institutionalization of the Party's resolutions, directives, and conclusions on law-making work; supervise legal documents; inspect, review, consolidate, and systematize legal documents and codify the legal system.

Dialogue, resolve petitions, reflect on legal difficulties and problems of individuals, agencies, organizations, businesses and localities.

Evaluate the effectiveness of laws after promulgation and identify and comprehensively and synchronously handle problems and shortcomings caused by legal regulations and law enforcement organizations.

Recruit, train, foster, and develop high-quality human resources for legal advisory work; attract and utilize talents, use experts, and consulting organizations in legal development work and some tasks and activities of law enforcement organizations that directly support legal development.

Developing and applying digital technology and digital transformation to serve innovation and modernization of law-making and law enforcement.

Principles for applying special mechanisms and policies

Article 3 of the Resolution stipulates the principles of applying special mechanisms and policies to ensure improving the quality and effectiveness of law-making and law enforcement, meeting the requirements of national development in the new era.

Implement special financial mechanisms and policies with outstanding norms and spending quotas according to tasks and activities; regimes and policies on incentives for those participating in law-making work and some tasks and activities of law enforcement organizations that directly support law-making associated with functions, tasks, activities and job positions.

Ensure the application of special mechanisms and policies to the right subjects, publicly, transparently, effectively and economically; prevent and combat corruption, waste, negativity, group and local interests, and prevent all manifestations of profiteering in the work of building and organizing law enforcement and in implementing special mechanisms and policies prescribed in this Resolution.

Strictly handle acts of corruption, negativity, group interests, and localism in the work of building and organizing law enforcement in accordance with the nature and level of violations by means of party disciplinary measures, administrative discipline, handling of administrative violations, and criminal handling according to Party regulations and State laws.

Fund to support policy and law development

The Fund for supporting policy and law development aims to support and finance 8 groups of projects, tasks, and activities that are not funded by the state budget or need additional funding to create breakthrough, positive, effective, and sustainable changes in law development.

Resolution 197 stipulates that the Fund for supporting policy and law development (hereinafter referred to as the Fund) is a non-budgetary state financial fund with legal status, under the Ministry of Justice , operating on a non-profit basis.

The Fund aims to support and finance projects, tasks and activities that are not funded by the state budget or need additional funding to create breakthrough, positive, effective and sustainable changes in law-making, including: Tasks and activities of research and strategic planning on law-making; Tasks and activities of policy research, development and promulgation of legal documents, participation in international law-making; Tasks and activities of supporting human resource development, hiring experts and consulting organizations to participate in research and development of policies and laws; Organizing and participating in domestic and international conferences, seminars and legal forums; Supporting research and development of centralized and professional legal document drafting projects; Supporting some activities of law enforcement supervision; inspecting and reviewing legal documents; Supporting the implementation of tasks and activities of the Central Steering Committee on perfecting institutions and laws; Support other tasks and activities in law-making at the request of competent authorities or as decided by the Minister of Justice.

The Fund is guaranteed by the State for its charter capital from the State budget as stipulated in Clause 1, Article 4 of this Resolution; and is entitled to receive legal support sources outside the State budget from domestic organizations and individuals. The Fund is allowed to open an account at the State Treasury or a commercial bank legally operating in Vietnam in accordance with the provisions of law.

The Fund Management Agency has the right to allocate expenditures and adjust expenditure contents according to the principles specified in Article 3 of this Resolution; in accordance with arising needs and actual costs according to the market or according to the type of service or work at the time of performing tasks and activities. In case of legal support outside the state budget from organizations and individuals associated with thematic objectives, the Fund Management Agency must use the correct source of support funding to meet that thematic objective.

Receiving legal support sources outside the state budget from domestic organizations and individuals and using the Fund must ensure transparency and publicity, associated with practicing thrift, preventing and combating corruption, waste, negativity, group and local interests, preventing all manifestations of profiteering in the work of building and organizing law enforcement; complying with legal provisions on protecting state secrets and managing foreign affairs activities.

Support from organizations and individuals for law-making work in the Fund is included in deductible expenses when determining income subject to corporate income tax and personal income tax.

The organization and operation of the Fund shall comply with Government regulations.
Previously, presenting a report on the reception, explanation and revision of the draft Resolution of the National Assembly on a number of special mechanisms and policies to create breakthroughs in the development and organization of law enforcement at the 9th Session on the morning of May 17, Minister of Justice Nguyen Hai Ninh said: Regarding the regulations on the Fund to support the development of policies and laws, the establishment of the Fund is mainly to support early policy research, in order to proactively evaluate and select policies as a basis for the development of legal documents in accordance with the direction of the Politburo; not focusing on supporting the development of specific legal documents (except for a few projects, tasks and activities that require additional funding). Therefore, although the Fund receives legal support sources outside the budget, it is not to directly finance law projects, so it is difficult to have conditions to specifically impact the provisions in legal documents. In addition, the Government will absorb and strictly regulate the conditions in the draft Decree detailing regulations (such as the plan to invite representatives of the Ministry of Public Security and the Ministry of National Defense to participate in the Fund Management Council), ensuring public, transparent, effective management, preventing and stopping all manifestations of profiteering and policy steering.

To Thi Hue

Source: https://sotp.langson.gov.vn/tin-tuc-su-kien/co-che-chinh-sach-dac-biet-tao-dot-pha-trong-xay-dung-va-to-chuc-thi-hanh-phap-luat.html

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