We cannot miss the country's development opportunities just because of legal bottlenecks.

Delegate Nguyen Thi Thuy, Vice Chairwoman of the National Assembly 's Committee on Justice, spoke at the discussion.

Speaking at the meeting, delegate Nguyen Thi Thuy, Vice Chairwoman of the National Assembly’s Judicial Committee ( Bac Kan Province Delegation) expressed her strong agreement with the proposal to allow the Government and the National Assembly Standing Committee to issue legal documents to resolve legal conflicts and overlaps while waiting for the law to be amended. In addition, the delegate also made a series of specific recommendations to perfect this legal mechanism to ensure timeliness, efficiency and legality.

Affirming the urgency and special nature of the issuance of the Resolution, in addition to the reasons stated in the Report, delegate Nguyen Thi Thuy analyzed and added the following three reasons: Firstly, emphasizing the requirement to implement two hundred-year goals: By 2030, becoming a modern industrialized country with high average income and by 2045, becoming a developed country with high income, the delegate said that Vietnam must maintain a continuously high growth rate and removing institutional bottlenecks is a prerequisite; Secondly, the delegate pointed out that Resolution No. 66 of the Politburo has set a deadline of 2025 to basically remove legal bottlenecks, but now that we have passed the halfway mark of 2025, the number of laws and resolutions that need to be reviewed is very large, if we still apply the normal law-making process, we cannot meet the set progress; Third, the delegate affirmed that this is the decisive moment: “We cannot miss the express train that brings development opportunities to the country just because of legal bottlenecks.” Therefore, the delegate suggested that the National Assembly should create a special mechanism that operates immediately after the Resolution is passed.

Delving into the content of the draft resolution, delegate Nguyen Thi Thuy made four specific recommendations to perfect the draft and ensure the strictness and consistency of the legal system.

First of all, regarding the scope of regulation, the delegate proposed to exclude areas related to human rights, civil rights, crime and judicial proceedings from the scope of the resolution. According to the delegate, these are issues "directly related to the political life and freedom of people" so only the National Assembly has the authority to decide, and should not be given the authority to the Government or the National Assembly Standing Committee to amend.

Regarding the principles of handling difficulties, delegates proposed adding principles to ensure the constitutionality and consistency of the legal system, avoiding the situation where handling difficulties in one law leads to conflicts in another law, causing difficulties in practical application.

Regarding the handling plan in Article 4, the delegates basically agreed with the authorization of the Government to issue resolutions to amend laws, including laws not submitted by the Government, on the condition that the National Assembly Standing Committee must consult. However, the delegates proposed to add a requirement that the Government must attach the opinions of the agency that submitted the original law (for example, if the Supreme People's Court submits, the Government must consult the National Assembly Standing Committee), to ensure objectivity and caution when making adjustments.

Regarding the responsibility of officials, delegates agreed with the provisions in Article 6 of the draft Resolution. Accordingly, if officials do not have any personal gain, follow the correct procedures but still cause damage, they can be considered exempted from responsibility. However, delegates emphasized the difference between "exemption of responsibility" (not responsible) and "exemption of responsibility" (responsible but not punished), and proposed that the Government clearly define these two concepts to ensure consistency in implementation and avoid confusion and abuse.

With the above arguments, delegate Nguyen Thi Thuy proposed that the National Assembly quickly pass the Resolution and allow it to take effect immediately from the day it is approved. The delegate emphasized: “This is not only a technical legislative issue but also a strategic opportunity. We cannot delay because the rigidity in the system makes us lose the opportunity to accelerate and make breakthroughs”./.

Ai Van

Source: https://baobackan.vn/khong-the-de-lo-co-hoi-phat-trien-cua-dat-nuoc-chi-vi-nhung-diem-nghen-cua-phap-luat-post71571.html