Research on building the Law on Procedures for Issuing Administrative Decisions

(Chinhphu.vn) - The Vietnamese legal system has made much progress in developing and promulgating legal documents, typically the Law on Promulgation of Legal Documents, but the field of promulgating administrative decisions still has "gaps" that need to be completed soon by formulating the Law on Procedures for Promulgating Administrative Decisions.

Ms. Nguyen Thi Hanh, Director of the Department of Criminal and Administrative Law ( Ministry of Justice ) spoke at the Workshop -

Photo: VGP/DA

Recently, at the Workshop "Exchanging Japan's experiences in researching, developing and promulgating the Law on Procedures for Issuing Administrative Decisions" organized by the Ministry of Justice in coordination with the Japan International Cooperation Agency (JICA), Ms. Nguyen Thi Hanh, Director of the Department of Criminal and Administrative Law (Ministry of Justice) emphasized that in the state administrative management system, administrative decisions play an important role as an important tool, demonstrating public power through individual documents issued by competent state agencies.

This is a type of document that is applied once, aimed at one or several specific subjects, to solve separate problems in management activities. With this characteristic, administrative decisions not only create, change or terminate the rights, obligations and interests of individuals and organizations, but also have a direct impact on public interests, people's lives and production and business activities of enterprises.

According to Ms. Nguyen Thi Hanh, the Vietnamese legal system has made significant progress in the development and promulgation of legal documents, typically the Law on Promulgation of Legal Documents. This law has created a solid legal framework, bringing law-making activities into order; contributing to the creation of increasingly high-quality legal documents, better meeting practical needs. However, when looking at the field of administrative decision-making, there are still "gaps" that need to be filled.

This Law will prescribe the most general rules on procedures for issuing administrative decisions, therefore it will not replace or amend all existing regulations in the legal system but will essentially play the role of "supplementing" or "filling the gaps" for issues that are not yet regulated or are not fully regulated by the current legal system.

At the same time, it still "acknowledges" the processes and procedures for issuing administrative decisions that are being regulated in specialized legal documents to ensure maximum consistency, synchronization, and stability of the legal system, avoiding unnecessary disruption, except for some specific provisions in this Law.

Regarding specific objectives, the Law aims to overcome legal "gaps" in the issuance of administrative decisions such as: Not defining the concept of administrative decisions, not clearly defining the subjects issuing administrative decisions; lacking principles for issuing administrative decisions; determining when an administrative decision is illegal; not having a general procedure for issuing administrative decisions, leading to a situation where in some fields and cases there are no or unclear regulations of specialized laws on the process of issuing administrative decisions, causing difficulties for the issuance of administrative decisions by competent entities.

For example, regulations on issuing administrative decisions in urgent and urgent cases such as disease prevention and control, disasters and natural disasters; lack of comprehensive regulations on the mechanism to control the issuance and handling of administrative decisions after issuance such as correction; suspension/temporary suspension; amendment, supplement; revocation/abolition/cancellation...

In addition, the development of the Law also aims to ensure the principles of administrative decision issuance for unified implementation in the process of administrative decision issuance; create a legal basis for the issuance of administrative decisions, ensure compliance with legal provisions so that competent entities issuing administrative decisions can be proactive and self-responsible, contributing to overcoming the lack of transparency in the process of issuing administrative decisions.

Dr. Dinh Van Minh, former Director of the Legal Department, Government Inspectorate , shared at the Workshop - Photo: VGP/DA

Creating a mechanism for agencies, organizations and individuals to control the legality, rationality and feasibility of administrative decisions helps subjects clearly identify when administrative decisions are illegal; in particular, it is important for judicial agencies (judges, prosecutors, etc.) to review and evaluate the legality and rationality of administrative decisions through trial activities and judicial supervision activities.

At the same time, ensure the legitimate rights and interests of organizations and individuals in the process of issuing administrative decisions; have a mechanism for subjects to protect themselves in the process of issuing administrative decisions; enhance the accountability of state agencies in issuing administrative decisions according to the provisions of law.

Dr. Dinh Van Minh, former Director of the Legal Department, Government Inspectorate, said that administrative documents are one of the important forms in state management activities, aiming to convey and organize the implementation of policies and laws from state administrative agencies to the subjects of implementation.

The issuance, organization of implementation and control of administrative documents play a decisive role in ensuring constitutionality, transparency and efficiency in state management. However, the practice of organizing the implementation of administrative documents in Vietnam still has many limitations, especially in the process and procedures for issuing these documents.

To perfect the law and improve the effectiveness of administrative document enforcement, Dr. Dinh Van Minh said that it is necessary to develop a Law on Promulgation and Enforcement of Administrative Decisions; perfect regulations on the process of promulgating administrative documents; strengthen consultation and reception of opinions from people and businesses; strengthen the application of information technology in the construction, monitoring and promulgation of documents; perfect the coordination mechanism between agencies in the promulgation and implementation of administrative documents...

Dieu Anh

Source: https://baochinhphu.vn/nghien-cuu-xay-dung-luat-thu-tuc-ban-hanh-quyet-dinh-hanh-chinh-102251024114603378.htm