Contribute to perfecting the legal system structure in the new development stage

(Chinhphu.vn) - On November 30, the Ministry of Justice and the National Assembly's Committee on Law and Justice held a Conference to contribute comments on the draft report on the Project "Improving the structure of Vietnam's legal system to meet the requirements of national development in the new era".

Minister of Justice Nguyen Hai Ninh speaks at the Conference - Photo: VGP/DA

The Project has been carefully and meticulously prepared by the Party Committee and the leaders of the Ministry of Justice. The Ministry of Justice also organized many seminars and discussions at all levels, and conducted direct and online surveys of 3,436 people and businesses; organized 5 in-depth working sessions with relevant ministries and branches to complete the draft Project; organized meetings of the Drafting Committee and Editorial Team to seek opinions on the draft Project Report.

The draft Project proposes viewpoints, goals, orientations and solutions to perfect the structure of Vietnam's legal system to meet the requirements of national development in the new era on the basis of clarifying theoretical foundations, international experience, correctly assessing achievements, results, limitations and inadequacies of the current structure of Vietnam's legal system.

Products of the Project: Draft Conclusion of the Politburo on orientations for perfecting the structure of Vietnam's legal system in the new era; List of legal documents under the authority of the National Assembly that need to be amended, supplemented, replaced/abolished, merged, newly issued, with reference value for building the Legislative Orientation for the 16th National Assembly term 2026-2031 and after 2031...

At the Conference, to continue perfecting the content of the draft Report, delegates representing the National Assembly agencies, ministries, departments, branches, and experts continued to give their opinions on the draft Project. Therein, focusing on 5 orientations, 5 solutions to perfect the formal structure, 5 solutions to perfect the content structure, 6 solutions on the operating mechanism; on the division of 8 groups of legal fields; on the list of legal documents expected to be proposed for research and new issuance in the period 2026-2031 and after 2031...

Need to readjust the layout to ensure logic and science

Commenting at the Conference, Chairman of the Committee on Law and Justice Hoang Thanh Tung emphasized that, in terms of scientific research, the arrangement and legalization of these regulations (related to the amendment of Article 4 of the Law on Promulgation of Legal Documents) is a complicated issue. According to him, we cannot make hasty or "uncertain" conclusions because if we do not do it closely, when applied in practice, we will immediately encounter problems and have to amend them again.

Among the solutions in the draft project is the solution to continue perfecting the mechanism for directly applying the provisions of the Constitution and a number of international treaties in resolving specific cases. Regarding this issue, according to him, the direct application of international treaties does not face major legal obstacles.

The current Law on International Treaties clearly stipulates that international treaties can be applied directly. Regarding the procedure, when the National Assembly issues a resolution approving an international treaty, that resolution will specifically list which provisions in the treaty are directly applied. Therefore, the competent authority that approves is the entity that decides whether to apply directly or not. Contents that are not designated for direct application must be internalized.

Conference scene - Photo: VGP/DA

Regarding the direct application of the Constitution, Mr. Tung affirmed that the Constitution has direct application value. However, it is necessary to look at the issue from the perspective of the legal system. In particular, the provisions in the Constitution are often highly principled and general. Constitutional rights are direct, but for those rights to come into life, there must be processes, procedures and specific legal documents. Without "guidelines", the direct application of the Constitution will be very difficult and inconsistent...

Vice Chairman of the Committee for Law and Justice Ngo Trung Thanh highly appreciated the preparation work of the Project Editorial Team. The documents were elaborately and methodically built, demonstrating high intellectual content in all three aspects: political, scientific and practical. However, he noted that this is a Project serving leadership, direction and implementation, not simply a theoretical research work. Therefore, "scientific" here must be the basis to ensure "feasibility". If the content is too academic, it will be difficult to apply in practice, and needs to be reviewed to ensure balance.

Regarding the grouping of legal fields, Mr. Thanh believes that the division into 8 groups of fields or how many groups requires dialectical thinking, both inheriting and developing. He suggests not dividing too small (fragmented) but not merging too large (difficult to manage); it is possible to re-plan into about 5 large, comprehensive fields: Building a socialist rule-of-law state; Socialist-oriented market economy; Culture - Society - Education; Science and technology; National defense - security. This division ensures stability as well as comprehensively covering all aspects of social life.

At the end of the Conference, Minister Nguyen Hai Ninh requested the Drafting Committee to adjust the structure of the current draft Project to ensure the logic, science and consistency of the entire research project. For example, regarding the solutions, the Minister emphasized that the system of solutions needs to be built closely following the elements of the legal system that have been analyzed.

The logic of the solution section must be restructured according to 3 pillars: Solution to perfect the content structure (handling issues of content and legal norms); Solution to perfect the formal structure (handling issues of document types and document systems); Solution to perfect the operating mechanism (handling issues of procedures, organization of implementation and application of law).

Regarding the List (Appendix) attached to the Project, the Minister agreed on a number of principles for its construction. In particular, regarding the List, we must clearly define the pillars of the fields (whether divided into 6 or 8 groups of fields as discussed). The grouping must be coherent to serve as a framework for the entire list.

Regarding the technique of naming documents, we can write the specific name for current laws; for new laws (not yet promulgated), we absolutely do not specify a specific name when there is not enough basis. Instead, we should only record according to the issue or group of policies that need to be adjusted. This method helps the List to be more open and flexible.

Regarding the time scope, according to the Minister, the List will not be divided by year or term (such as the XV and XVI terms...). Planning for specific time is the task of the Legislative Orientation Program or the Law and Ordinance Development Program. This project is about the structure of the legal system, so the List must be stable and long-term, the goal for us to aim for, not an annual work plan.

Dieu Anh

Source: https://baochinhphu.vn/gop-y-hoan-thien-cau-truc-he-thong-phap-luat-trong-giai-doan-phat-trien-moi-102251130184600443.htm