Deputy Minister of Justice Phan Chi Hieu chaired the meeting. Photo: VGP/DA
It is necessary to build a draft Ordinance. Consolidation of VBQPPL
Reporting at the meeting, Director of the Department of Document Inspection and Administrative Violations Handling Management (Ministry of Justice) Ho Quang Huy clearly stated the necessity of developing a draft Ordinance and informed about notable amendments and supplements to the draft Ordinance.
Accordingly, amend and supplement the provisions on the state agencies, organizations and individuals being allowed to directly cite the consolidated documents in administrative documents, procedural documents, civil transactions and have the same value as citing legal documents; amend Articles 5, 6, 7 on the authority and time limit for merging documents, in which it is expected to add a provision on the draft consolidated documents being submitted simultaneously at the stage of submitting for approval and promulgation of legal documents with amended and supplemented content (currently, the document consolidation is carried out after the amended and supplemented legal documents are approved and promulgated) - this is the issue that requires the opinion of the Drafting Team and Editorial Team.
The Draft Ordinance supplements the consolidation of documents in other cases, including: Documents with content amended or supplemented by documents that are not documents amending or supplementing a number of articles; documents with corrected content; documents with content that is partially abolished or partially expired according to the provisions of the Law on Promulgation of Legal Documents (except for cases where the validity period has expired as prescribed in the Legal Documents); supplements regulations on research, application of science , technology, digital transformation in the consolidation of documents, exploitation of consolidated documents...
At the meeting, delegates highly appreciated the efforts of the drafting agency, especially the standing body of the Drafting Team, which in a very short time (from November 19 to present) has drafted a very complete and elaborate set of documents as well as contributed many more opinions to complete the draft Ordinance with the desire to build a new Ordinance to replace the old Ordinance, instead of just amending and supplementing.
Commenting on the time limit for implementing document consolidation (Articles 5, 6, 7), Deputy Director of the Legal Department ( Ministry of Finance ) Nguyen Minh Phuong said that the regulation of a 5-day time limit for implementing consolidation is not feasible. The reason is that after a document is signed and issued, especially a Decree, it usually takes 15-20 days to have an official version for release; the drafting agency is often not the unit directly implementing the consolidation, the legal unit must wait to receive the final version before proceeding.
Therefore, he suggested that there should not be a provision to shorten the time to 2 days for documents amending and supplementing a number of articles. Instead, it is necessary to study increasing the consolidation period to a more reasonable period such as 10 days, to be consistent with reality.
Mr. Phuong supports the regulation on the application of information technology and digital transformation in the draft Ordinance. However, for this regulation to truly come into life, there needs to be a provision assigning the Ministry of Justice to preside over the construction of a National Database of Unified Documents. When there is a centralized and standardized system, access, search and application will become easier and more unified, instead of each place doing it differently.
In addition, Mr. Phuong suggested that it is necessary to study and reform the entire form and format of the unified document in a minimalist and user-friendly direction...
Prescribe the responsibility for consolidating documents for both provincial and commune levels
Meeting scene. Photo: VGP/DA
Concluding the meeting, Deputy Minister of Justice Phan Chi Hieu highly appreciated the efforts of the drafting agency in conducting the work in a strict and methodical manner; preparing complete documents in accordance with the provisions of the Law on Promulgation of Legal Documents despite the very urgent time.
Agreeing with the policy of thoroughly reviewing current regulations, in line with practical needs to ensure transparency, accessibility and applicability of the legal system, Deputy Minister Phan Chi Hieu emphasized the need to thoroughly handle difficulties and obstacles in the consolidation work. However, the choice between issuing amended, supplemented or replacement documents will depend on the final review results.
Commenting on the specific amendments and supplements, Deputy Minister Phan Chi Hieu agreed with the majority of opinions on the regulation of responsibility for consolidating documents for both provincial and communal levels. According to the Deputy Minister, the communal level should not be ignored because of "little work" or "narrow scope of application". The complete regulation will create a solid legal basis for this work at all levels...
Regarding the time to submit the draft unified document, Deputy Minister Phan Chi Hieu agreed with the proposal of the Department of Document Inspection and Administrative Violations Management to continue to develop both options, analyze more carefully the advantages, disadvantages and feasibility of each option to have the most optimal choice.
Regarding the legal value of the citation, the Deputy Minister agreed that the citation should be implemented according to the consolidated document to ensure simplicity, accuracy and consistency. It is necessary to review the content in Clause 2, Article 4 to stipulate more clearly, avoiding unnecessary exceptions. At the same time, there should be specific instructions on how to cite, possibly through the illustrative Appendix for uniform application.
Regarding the merger deadline, Deputy Minister Phan Chi Hieu said that this is a matter of concern. Although there are opinions suggesting extending the time, in the general context, we cannot stipulate a longer deadline than the current regulations. The Deputy Minister suggested keeping the deadline as in the current Ordinance and units need to make efforts to ensure compliance.
Deputy Minister Phan Chi Hieu requested the Department of Document Inspection and Administrative Violations Management to fully synthesize comments at the meeting, continue to complete the draft documents and soon have a report.
Dieu Anh
Source: https://baochinhphu.vn/ra-soat-ky-luong-xu-ly-dut-diem-bat-cap-trong-hop-nhat-van-ban-102251127174553284.htm
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