Continuing the program of the 9th Session of the 15th National Assembly , on the morning of May 15, the National Assembly listened to the Presentation and Report on the examination of the draft Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents.
Supplementing regulations to handle legal documents of People's Councils and People's Committees at district level
Presenting the Report, Minister of Justice Nguyen Hai Ninh said that the draft Law amends and supplements a number of regulations related to the development and promulgation of legal documents by commune-level authorities; the role of the Vietnam Fatherland Front in the development and promulgation of legal documents.
At the same time, a number of regulations are added to meet the requirements of science , technology, innovation, creativity and digital transformation development; at the same time, a number of regulations are amended and supplemented to facilitate the implementation of the Law, especially when restructuring the apparatus.
According to the Minister of Justice, the draft Law abolishes the form of legal documents of the People's Council and People's Committee at the district level; and adds the form of legal documents of the People's Council and People's Committee at the commune level to suit the new functions and tasks of the commune-level government.
At the same time, the draft Law also removes the provisions on the authority to issue legal documents of district-level authorities, and adds the authority to issue legal documents of People's Councils and People's Committees at commune level.
The draft also amends the direction that the provincial People's Council issues a resolution to stipulate "policies and measures to develop the local socio-economy, budget, national defense and security; perform decentralized tasks and powers"; amends the time for the National Assembly Standing Committee to develop legislative orientations for the National Assembly's term 3 months earlier than currently.
"This amendment is consistent with the policy of organizing the election of deputies to the 16th National Assembly and People's Councils at all levels for the 2026-2031 term earlier," said Minister Nguyen Hai Ninh.
In addition, the draft Law supplements regulations on handling legal documents issued by the People's Council and People's Committee at the district level and completes the handling before March 1, 2027 to ensure consistency in handling legal documents issued by the district level.
Specifically, legal documents of the People's Council and People's Committee at the district level continue to be effective within the district-level administrative unit before the reorganization. The People's Council and People's Committee at the commune level must clearly stipulate in their issued documents the time when legal documents of the People's Council and People's Committee at the district level will no longer be applied within the administrative unit of the commune level. The replacement of district-level documents must be completed before March 1, 2027. After this time, legal documents issued by the district level will officially cease to be effective.
The draft also amends and supplements in the direction that legal documents of People's Councils and People's Committees at the commune level are not allowed to have retroactive effect.
Approving the maximum effective date of district-level legal documents
In the review report, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung said that regarding the content of the document of the People's Committee at the commune level, it is recommended to consider the regulation that the People's Committee at the commune level issues decisions to decentralize the implementation of assigned tasks and powers, because the commune-level government must be close to the people, direct and responsible for the implementation of its tasks and powers.
If decentralization is implemented, the agencies receiving the decentralization will be the entities responsible for performing tasks and powers, which may create an intermediate level in handling work at the grassroots government level.
The Committee on Law and Justice agrees with the Government's proposal to stipulate transitional content allowing legal documents of the People's Council and People's Committee at the district level to continue to be effective within the boundaries of the district-level administrative unit before the arrangement until the time when such legal documents are no longer applied according to the provisions of the legal documents of the People's Council and People's Committee at the commune level after the arrangement, or to be effective until March 1, 2027 to avoid creating a legal gap due to the arrangement of the apparatus and organization of the 2-level local government.
In addition, the inspection agency proposed that the Government continue to review the regulations on the transfer of tasks of the People's Council and People's Committee at the district level to propose transitional regulations on the effectiveness of legal documents issued by the district-level authorities before arranging to ensure compliance with the authority of the People's Council and People's Committee receiving the authority (provincial or communal level).
At the same time, specific regulations on cases where legal documents of central state agencies, legal documents of People's Councils and People's Committees at provincial level stipulate specific application to district-level localities, after the district level ends its operations, will be applied.
In case the legal documents of central state agencies, legal documents of People's Councils and People's Committees at provincial level stipulate specific application to commune-level localities, how will they be applied after the merger?
In case a commune-level administrative unit is formed on the basis of merging commune-level administrative units belonging to two or more district-level administrative units before the arrangement (for example in Ho Chi Minh City), how will the implementation of legal documents of those district-level administrative units be?./.
Source: https://baobackan.vn/van-ban-quy-pham-phap-luat-cap-huyen-co-hieu-luc-toi-da-den-132027-post70779.html
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