Special Government meeting on law making September 2023

On September 28, Prime Minister Pham Minh Chinh chaired a special Government meeting on law-making in September 2023. Also attending the meeting were Deputy Prime Ministers, Government members, leaders of ministries, branches, and central agencies.

At the meeting, the Government reviewed and gave opinions on three contents: Proposal to develop the Law on Management and Use of Weapons, Explosives and Supporting Tools (amended); Proposal to develop the Law amending and supplementing a number of articles of the Law on Advertising; the situation of promulgating documents detailing the implementation of laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee.

Regarding the proposal to develop the Law on Management and Use of Weapons, Explosives and Supporting Tools (amended), chaired by the Ministry of Public Security , delegates focused on discussing policies: Perfecting the concepts of weapons, supporting tools, weapon components, supporting tools; reforming administrative procedures on weapons, explosives, explosive precursors, supporting tools; amending and supplementing a number of regulations on research, production, trading, and use of industrial explosives...

Concluding this content, analyzing the necessity of promulgating the Law, the Prime Minister pointed out that a number of regulations related to human rights and citizens' rights in the field of management and use of weapons, explosives and supporting tools are still contained in a number of sub-law documents; they need to be legalized according to the requirements of the Constitution.

In terms of practice, after 5 years of implementing the Law on Management and Use of Weapons, Explosives and Supporting Tools, a number of inappropriate and inadequate regulations have arisen, failing to meet the actual situation in state management and prevention and combat of crimes and law violations in this field.

Therefore, the amendment of the above Law is necessary to ensure human rights and civil rights as prescribed by the Constitution; inherit relevant regulations, overcome shortcomings, inadequacies and limitations; create favorable conditions for people and businesses, contribute to preventing and combating crimes and violations of the law; ensure the consistency of the legal system and compliance with international treaties to which Vietnam is a member.

In addition to the general principles and requirements in drafting the law, the Prime Minister suggested that it is necessary to fully and synchronously institutionalize the provisions of the Constitution on human rights and civil rights; continue to summarize the Law and related regulations on the Management and Use of Weapons, Explosives and Support Tools; inherit regulations that have been proven in practice and applied effectively; and supplement regulations to handle shortcomings and problems arising in practice.

At the same time, review and ensure consistency and uniformity with relevant legal provisions, such as the Penal Code, Law on Foreign Trade Management, Investment Law and documents on functions, tasks, and organizational structure of relevant ministries and branches...; ensure compliance with international treaties to which Vietnam is a member.

Along with that, it is necessary to strengthen decentralization and delegation of power, while promoting the responsibility of leaders in the management of weapons, explosives and supporting tools, stepping up inspection, supervision and monitoring; strengthening education, propaganda and raising public awareness.

The Prime Minister requested that policy impacts be carefully assessed, ensuring that policies are reasonable, feasible and effective; limiting unnecessary business conditions and simplifying administrative procedures to ensure convenience for people and businesses.

Regarding the proposal to draft a Law amending and supplementing a number of articles of the Law on Advertising chaired by the Ministry of Culture, Sports and Tourism, delegates basically agreed with the policies after being received and revised by the Ministry of Culture, Sports and Tourism.

The Prime Minister said that since the Law on Advertising was issued (2012), many resolutions and conclusions of the Central Committee have been issued, with innovations, higher requirements, and more investment in cultural development, including advertising. Advertising is one of the 12 key areas in the Strategy for the Development of Vietnam's Cultural Industry to 2020, with a vision to 2030.

In terms of practical basis, after more than 10 years of implementation, some regulations are no longer suitable and need to be adjusted and amended (content and form of advertising); some arising activities need additional regulations (advertising on the Internet; cross-border advertising services, etc.); some regulations are still inadequate (outdoor advertising management, etc.); some regulations in the field of advertising and related fields are still overlapping and contradictory (Law on Food Safety, Law on Pharmacy, etc.).

Therefore, the amendment and supplementation of the above Law is necessary to institutionalize the Party's policies and guidelines; create a complete and unified legal basis for the development of advertising activities; improve the effectiveness and efficiency of state management in the online environment and cross-border platforms; promote decentralization, decentralization, reform and minimize administrative procedures; enhance the responsibility and capacity of entities participating in advertising activities.

In principle, the requirement for building the Law, the Prime Minister requested that it is necessary to fully institutionalize the Party's policies on the field of advertising associated with the construction and development of Vietnamese culture and people; to rapidly, sustainably and effectively develop the advertising, culture and cultural service industries associated with tourism development.

At the same time, fully absorb the opinions of the Government Standing Committee on the completion of the dossier proposing the drafting of the Law. Summarize and carefully evaluate the implementation of the 2012 Advertising Law; the dossier proposing the drafting of the Law must clearly list the regulations that will be abolished, the regulations that remain the same or have been amended and supplemented; clearly explain the reasons for inheritance, the reasons for amendment, supplementation, abolition or the need for new issuance.

The Prime Minister noted the need to clearly define the state management functions and coordination work of relevant agencies; strengthen decentralization and maximum delegation of power in state management of advertising; promote reform and minimize administrative procedures; pay close attention to ensuring the health and safety of people, creating conditions for media agencies to carry out advertising activities; and meet practical requirements.

Also at the meeting, the Government discussed the situation of issuing documents detailing the implementation of laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee in recent times.

Opinions say that with a huge amount of work, many difficult and complicated contents, many different opinions, many issues that are not yet highly stable, many documents needing opinions from competent authorities, the Government and ministries have issued 116 documents (68 decrees, 12 decisions of the Prime Minister, 36 circulars). However, the situation of debt and slow issuance of detailed regulations has not been completely resolved...; there are documents with poor quality...

In the coming time, delegates said that there will be more and more routine work; many problems and obstacles need to be resolved; many arising issues need to be regulated by law; the requirement for strategic breakthroughs in institutions and policy response capacity is increasing; the number of detailed regulations is increasing with the urgent requirement to put legal regulations into practice, creating favorable conditions for people and businesses, promoting rapid and sustainable socio-economic development.

Regarding this content, the Prime Minister commended and highly appreciated the efforts of ministries and agencies in developing, submitting for promulgation or promulgating under their authority documents detailing the implementation of laws, ordinances and resolutions.

The Prime Minister assigned the Government Office (VGP) to preside over and study the revision of the Government's Working Regulations, including speeding up the drafting, submission, appraisal and examination of draft documents; enhancing the responsibility of heads of ministries and branches; promoting the role of Deputy Prime Ministers, especially in handling issues that are still unresolved and inconsistent between ministries and agencies...

The Ministry of Justice shall preside over, research, and propose amendments and supplements to decrees detailing the implementation of the Law on Promulgation of Legal Documents (Decree No. 34/2016/ND-CP and Decree No. 154/2020/ND-CP) to shorten the time for promulgating legal documents, improve quality, and meet practical requirements.

For the 6 documents that have been submitted to the Government by ministries and agencies but have not yet been issued, the Prime Minister requested the ministries to take the lead in explaining, receiving opinions from Government members, and resubmitting them before October 5, 2023; the Deputy Prime Ministers directed to issue them before October 10, 2023.

For draft decrees that have not been submitted to the Government by ministries, ministries must urgently complete them and submit them to the Government before October 5, 2023.

For the three detailed circulars that have not been issued under authority, the Prime Minister requested the Minister of Science and Technology, the Minister of Finance, and the Minister of Culture, Sports and Tourism to direct their completion and issuance before October 5, 2023.

Regarding documents that need to be issued in the coming time, the Prime Minister requested to ensure the deadline and quality; not to continue to allow the situation of arrears and slow issuance to occur. The Ministry of Justice shall preside over and coordinate with the Government Office to monitor, urge, report to the Deputy Prime Minister in charge of the field and report to the Government Standing Committee when necessary.

Issues under the authority of the minister will be decided by the minister, issues under the authority of the Prime Minister and Deputy Prime Ministers will be decided by the Prime Minister and Deputy Prime Ministers, and issues under the authority of the Government will be decided by the Government according to the majority principle, the Prime Minister stated clearly.

In conclusion, the Prime Minister acknowledged and highly appreciated the Ministries of Public Security, Justice, Culture, Sports and Tourism for actively preparing and submitting proposals for law making and reporting; seriously accepting and explaining in detail and with basis. The Ministry of Justice and the Government Office have actively appraised and examined to submit to the Government; the responsible, in-depth opinions with a highly constructive spirit of the Government members and delegates.

The Prime Minister requested that the ministers direct the serious and complete acceptance of the opinions of the Government members, complete the proposals for law making, draft reports according to regulations; the Deputy Prime Ministers in charge of the fields continue to pay attention, directly direct the completion of the proposals for law making, reports according to assignment, and handle issues with different opinions. The Ministry of Justice, the Government Office and relevant ministries and branches continue to coordinate with the submitting agencies in completing and submitting documents; ensuring progress and quality.

In general, in the first 9 months of 2023, the Government continued to focus on implementing 3 strategic breakthroughs, including breakthroughs in building and perfecting institutions, achieving many results.

Emphasizing the importance of institutions in liberating and mobilizing resources for national development, the Prime Minister noted a number of requirements: Responding to policies, issuing documents promptly, improving the quality of regulations; decentralizing more power, individualizing responsibilities; simplifying administrative procedures, reducing costs and time for people and businesses, increasing the application of information technology, reducing direct contact; fighting negativity, corruption, "inserting" personal interests, group interests, and local interests.

In particular, the Prime Minister requested that any ministry or agency that has not assigned a minister or sector head to be directly in charge of and responsible for the work of drafting legal documents must reassign the work and report back to the Prime Minister in September.

At the same time, it is necessary to arrange sufficient staff with sufficient capacity, qualifications, experience, responsibility and passion, and consider recruiting new excellent personnel for the unit in charge of law-making. The Ministry of Justice coordinates with the Ministry of Finance to develop appropriate policies and regimes, and pay attention to the material and spiritual life of the staff participating in law-making.

The Prime Minister requested that in the process of drafting legal documents, it is necessary to actively refer to international experience, selectively refer to it, in accordance with the characteristics and conditions of Vietnam; closely, synchronously and effectively coordinate with the agencies of the National Assembly; pay attention to collecting opinions, listening to the opinions of the affected subjects, scientists, experienced managers, and practical activists.

The Prime Minister requested that Government members pay more attention and lead more decisively and effectively in the work of drafting legal documents./.

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