During the group discussion on the draft Law on the Promulgation of Legal Normative Documents (amended) on the morning of February 12th, National Assembly Chairman Tran Thanh Man emphasized the need to strengthen the role of the submitting agency in taking full responsibility for the draft legal normative document.
The Speaker of the National Assembly stated that, according to the Government's submission, the draft... Law on the Promulgation of Legal Normative Documents The (amended) law is structured into 8 chapters and 72 articles (a reduction of 9 chapters and 101 articles compared to the 2015 law).
The number of provisions reduced or removed from the law are those in the form of decrees and circulars, in accordance with the new perspective on lawmaking: matters within the authority of the National Assembly are regulated by the National Assembly, while the Government issues decrees and circulars to proactively manage the process.
"The socio-economic situation is constantly evolving. Recent governance has encountered obstacles due to the Law on the Promulgation of Legal Normative Documents. Therefore, amending this Law is a cornerstone for the development of new laws as well as the amendment and supplementation of existing laws to ensure proper authority," the National Assembly Chairman emphasized.
In reality, in the past, there were draft laws submitted by agencies that only met 50-60% of the requirements before being sent to the National Assembly, which was very difficult; for some draft laws, the Speaker and Deputy Speakers of the National Assembly held 7-8 meetings, and the Speaker also stated that he had repeatedly requested and reminded ministers and heads of departments to take full responsibility for the drafting of laws within their respective agencies, and that they could not delegate it to Deputy Ministers, who would then delegate it to Department Heads… lacking thorough oversight.
Therefore, the aim is to strengthen the role of the submitting agency in taking full responsibility for the draft. "Legal normative documents. This is an issue that needs attention in this amendment of the Law. Along with that, we need to separate the policy-making process from the process of drafting the legislative program; clearly define the policy-making process and the drafting process; and improve the mechanism of one law amending multiple laws…," the Speaker of the National Assembly noted.
The Chairman of the National Assembly agreed to supplement the Government's resolution as a legal document to ensure proper implementation in accordance with the directives of competent authorities; and requested a thorough review of the regulations on the content of Government resolutions in Clause 2, Article 4, to avoid duplication of content when issuing decrees.
The Speaker of the National Assembly also agreed with the direction of reforming the legislative process, whereby draft laws and resolutions will, in principle, be considered and passed within one National Assembly session to expedite the promulgation process while still ensuring the quality of the documents.
If, after discussion at the session, the National Assembly finds that the project contains many complex contents with differing opinions and requires more time for research, consideration, and revision, the National Assembly will decide to consider and approve it at the next session.
According to the Speaker of the National Assembly, the Law on the Promulgation of Legal Normative Documents (amended), passed by the National Assembly, will create favorable conditions for building and perfecting the National Assembly's legal system in the coming period, especially in 2025 when there are still two regular sessions (9th and 10th).
It is necessary to clarify and distinguish between "consultation" and "soliciting opinions".
During the discussion, National Assembly delegates agreed with the new proposal on policy consultation and recognized that regulations on policy consultation help agencies coordinate more closely and effectively, contributing to improving the quality and accelerating the progress of drafting and promulgating legal documents.
However, since this is a new issue, it is suggested that research be conducted to clearly define the concept of "policy consultation," distinguishing distinctly between policy consultation and soliciting opinions during the process of policy formulation, drafting of laws, ordinances, and resolutions.
According to Deputy Speaker of the National Assembly Tran Quang Phuong, the purpose and nature of consultation is to create consensus. The consultation process is continuous, from identifying practical problems and forming policy intentions to formulating policies, discussing and approving policies, and then enacting laws on those policies. This is done by policy-making bodies (such as agencies of the National Assembly, the Government, or the Supreme People's Court, the Supreme People's Procuracy, etc.).
"The subjects of consultation include individuals, organizations, experts, scientists, and the public. The process of gathering public opinion on the main information portals is a policy consultation process," the Vice Chairman of the National Assembly clarified.
Emphasizing that seeking opinions from agencies is a legislative process, Deputy Speaker of the National Assembly Tran Quang Phuong suggested that there needs to be a clear distinction between consultation and seeking opinions.
"It needs to be clarified when to seek opinions and when to conduct verification. There needs to be a clear distinction between consultation, seeking opinions, and the right to verify. If the consultation, seeking opinions, and the right to verify by the National Assembly's agencies are not clearly separated, it will not be in line with the true nature of consultation," the Vice Chairman of the National Assembly emphasized.
Representative Nguyen Thi Kim Anh (Bac Ninh delegation) suggested that there should be a regulation requiring the agency responsible for drafting the document to also respond to feedback or hold meetings to receive and explain the feedback.
Regarding the form of consultation, some argue that policy consultation through conferences is very difficult; for example, domestic and international experts cannot always attend meetings to provide advice. In the age of information technology, there should be more flexibility in the form and methods of policy consultation.
Representative Vu Tuan Anh (Phu Tho delegation) argued that it would be more appropriate to consult experts rather than government agencies when seeking policy advice.
Source
Comment (0)