Propose that the Government adjust the provisions of the law if there are any problems

The Minister stated that in innovating the work of law making and enforcement, the Politburo set a goal of basically completing the removal of "bottlenecks" caused by legal regulations by 2025.

To resolve difficulties and obstacles caused by legal regulations, the Government has implemented many synchronous solutions, however, they are only limited to the scope of the Government's authority. With difficulties caused by regulations of laws, resolutions and ordinances, they still have to be submitted to the National Assembly and the National Assembly Standing Committee, so in many cases, they are still slow and not timely.

Minister of Justice Nguyen Hai Ninh presented a report. Photo: National Assembly

The Minister of Justice said that the issuance of a Resolution on the mechanism for handling difficulties and obstacles caused by legal regulations is very necessary to promptly remove "bottlenecks" caused by legal regulations that hinder, obstruct, and cause congestion in socio -economic development.

Presenting the basic content, Minister Nguyen Hai Ninh said that the draft resolution stipulates principles when handling difficulties and problems caused by legal regulations, guiding the process of amending, supplementing or promulgating legal documents to handle difficulties and problems, ensuring strictness and avoiding arbitrariness in implementation.

Firstly, difficulties and problems arising from the provisions of laws, resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee must be handled in accordance with the provisions of the Law on Promulgation of Legal Documents.

To ensure flexibility and timely removal of “bottlenecks” during the time when laws and resolutions have not been amended or supplemented, the draft resolution allows the Government to issue legal resolutions to adjust a number of relevant provisions in laws and resolutions of the National Assembly submitted by the Government. The Government must report to the National Assembly Standing Committee and the National Assembly at the nearest meeting or session.

In cases where it is necessary to simultaneously amend or supplement laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee that are not submitted by the Government, the opinions of the National Assembly Standing Committee must be sought. In case of difficulties or problems due to provisions of laws and resolutions of the National Assembly that are not submitted by the Government, the National Assembly Standing Committee shall issue a resolution to make adjustments and report to the National Assembly at the nearest session.

Second, with difficulties and obstacles caused by regulations of ordinances and resolutions of the National Assembly Standing Committee and difficulties and obstacles caused by regulations of other legal documents, the agency issuing the document must amend and supplement according to its authority.

Notably, the draft resolution clearly states: "Heads of agencies, units, and people participating in the development of this Resolution and in identifying and handling difficulties and problems as prescribed in this Resolution shall be considered for exclusion and exemption from responsibility in cases where they have fully complied with relevant procedures and regulations and have not acted for personal gain in the process of performing their duties but damage still occurs."

Presenting the review, Chairman of the Committee on Justice and Law Hoang Thanh Tung said that the Committee and agencies of the National Assembly basically agreed with the scope of the Resolution as proposed by the Government.

Chairman of the Committee on Justice and Law Hoang Thanh Tung. Photo: National Assembly

However, to ensure strictness, it is proposed to clearly define some important and fundamental contents, constitutional principles related to the organization and operation of the state apparatus, regulations on human rights, basic rights and obligations of citizens, on crimes and punishments, on judicial proceedings, etc., which will not apply to this resolution.

At the same time, prioritize solutions to amend laws and resolutions to remove difficulties and obstacles, especially for draft laws and resolutions under the 2025-2026 legislative program. In addition, when the National Assembly issues this resolution, it is recommended to review and revise regulations on special mechanisms to handle difficulties and obstacles in a number of draft laws submitted to the National Assembly for approval at this session to ensure consistency with the provisions of the resolution.

Vietnamnet.vn

Source: https://vietnamnet.vn/de-xuat-chinh-phu-duoc-dieu-chinh-quy-dinh-trong-luat-neu-co-vuong-mac-2413397.html