There are still conflicting and overlapping issues at the legal level.

Basically meets the requirements for socio -economic development.

On the afternoon of November 1st, during the socio-economic discussion session, Minister of Justice Le Thanh Long reported and clarified information on several issues raised by delegates related to Government Report No. 587 dated October 20, 2023, on the results of reviewing the system of legal documents implementing Resolution No. 101/2023/QH15, 5th Session, 15th National Assembly.

Mr. Long stated that the Government's Task Force reviewing the system of legal documents according to Resolution No. 101 has made great efforts and proactively accessed information from various sources: reports from ministries and localities, the Prime Minister 's task force for resolving difficulties and obstacles; recorded and documented recommendations, which were carefully selected and included in the review results report…

The Government's task force also compiled opinions from National Assembly delegations, the results of supervision by the National Assembly's Ethnic Council and committees regarding the drafting and promulgation of legal documents…

Regarding the monitoring results, Mr. Long stated that the review showed that the legal system basically meets the requirements for socio-economic development and ensures national defense and security.

Minister of Justice Le Thanh Long.

The report acknowledges numerous problems and shortcomings, including conflicts and overlaps at the legal level. While conflicts, overlaps, and inadequacies exist, a holistic view reveals that the recommendations are somewhat inaccurate.

For example, the proposal relates to regulations on component project groups under the Law amending and supplementing a number of articles of the Construction Law of 2020 and Decree 99 of 2021 on the management of payment and settlement of projects using public investment capital.

Experts suggest that further calculations are needed to determine accuracy; however, there are also issues of perspective and policy when dealing with specific legal documents.

For example, there are proposals to amend Clause 2 of Article 68 of the Law on Public Investment, which stipulates the time frame for implementation and disbursement of annual public investment plan funds.

However, the Legal Committee's review opinion stated that this is a policy issue and the National Assembly had carefully considered it before voting on it, with the understanding that decentralizing to the commune level as proposed could affect the quality, progress, and effectiveness of investment projects…

On behalf of the Government's working group, the Minister of Justice proposed that the Standing Committee of the National Assembly strengthen its role, especially its constitutional role, in interpreting legal violations within its jurisdiction.

Regarding other proposals from National Assembly deputies related to the work of building, improving, and strengthening the capacity of the Task Force, the Task Force will take them into consideration and advise the Government within the scope, functions, and duties of its authority.

Analyze the causes of conflicting and overlapping texts.

Earlier this afternoon, during the discussion session, commenting on the results of the review of the system of legal normative documents as stipulated in Resolution No. 101, National Assembly Deputy Nguyen Thi Hong Hanh (Ho Chi Minh City delegation) highly appreciated the decisiveness of the Government, the Standing Committee of the National Assembly and the Committees of the National Assembly, especially the activeness and responsibility of the Standing Committee of the Government's Task Force, which reviewed 523 legal normative documents in 22 key areas and other fields, and basically completed the review in a short time.

According to the review report, only 6.5% of the legal documents contained contradictions or overlaps; the majority were inadequate or problematic documents, concentrated in sub-legal documents.

However, Representative Hanh suggested that the report should analyze more specifically the subjective causes of this situation, such as whether the drafting agency did not strictly follow the procedures for issuing legal documents, whether the consultation process was incomplete, whether the policy impact assessment was superficial or merely a formality, or whether the drafting agencies' responses and explanations were sometimes subjective.

"It is necessary to clarify these causes in order to find solutions to address them in the future," the female representative suggested.

Regarding the review results, delegates noted that while the results were very positive, they did not fully reflect the overall picture of our legal document system, and therefore further review is needed.

National Assembly Deputy Nguyen Thi Hong Hanh.

Speaking in response to opinions that the quality of the legal system is still fraught with contradictions and overlaps, National Assembly Deputy Do Duc Hien (from Ho Chi Minh City delegation) stated that the National Assembly's request to review the legal system is timely in order to propose amendments and find solutions to improve not only the drafting of laws but also the organization and implementation of laws.

Representative Do Duc Hien stated that with a large volume of review involving over 500 documents, including both laws and sub-laws, no content contrary to the Party's policies, the Constitution, or international treaties has been found. This is clearly demonstrated in the Government's report as well as the independent opinions of the National Assembly's agencies.

While some content was found to be contradictory or overlapping, it was not extensive and mainly stemmed from inadequacies or outdated practices.

Mr. Hien also stated that for each issue where conflicts or overlaps were discovered, specific solutions have been developed, covering content, timelines, and implementation methods.

This includes matters related to laws scheduled for immediate action during this session, as well as issues already included in the legislative agenda for the year or the term. Regarding sub-laws, the Government has also committed to directing immediate amendments. Furthermore, the review has not revealed any urgent needs or requirements that necessitate amending multiple laws with a single law.

Mr. Hien emphasized the importance of reviewing the law and suggested that the review of the system of legal documents should not stop here, or be carried out in batches, but should be conducted regularly, and the results of the review should be used as input data to serve research and improve the law .

Source: https://www.nguoiduatin.vn/bo-truong-le-thanh-long-con-mau-thuan-chong-cheo-o-tam-luat-a633881.html