On the morning of June 23, the National Assembly discussed in the hall the draft Resolution of the National Assembly on the mechanism for handling difficulties and problems due to legal regulations.
Speaking, delegate Thach Phuoc Binh (Tra Vinh delegation) said that the lack of the word "temporary" in the name of the resolution could cause misunderstanding, leading to prolonged application, blurring the line between a temporary solution and a long-term system mechanism.
The delegate proposed to change the name to "Resolution on temporary mechanism for handling problems in legal regulations".
The delegate also expressed his opinion on adding a mechanism for handling responsibilities when the agency does not review and propose promptly.
According to the delegate, the draft has clearly assigned the responsibility to ministries, branches and localities in reviewing and proposing solutions to handle difficulties and problems caused by the provisions of law. However, the draft "forgets" the regulation of specific sanctions if these agencies do not implement, delay implementation or only implement it formally.
"This can easily lead to a situation of "hot above, cold below", seriously affecting the effectiveness of the resolution implementation," the delegate emphasized.
From the above analysis, the delegate proposed to supplement regulations on sanctions, linking the implementation of the task of reviewing and recommending legal amendments with the assessment, classification of civil servants, emulation and reward of heads and agencies and units.
The delegate also pointed out that many problems do not come from the wording of the law but from the inconsistent understanding and application between localities and agencies. These are practical difficulties that businesses and people are facing.
The proposal to add a provision affirms that problems in the process of implementing, explaining and applying the law also need to be received, evaluated and guided for handling.
Regarding implementation, the delegate highly appreciated the mechanism of exemption of responsibility for cadres who dare to think and dare to do if they follow the process and do not have the motivation for profit, helping to "untie" the fear of making mistakes when performing public duties.
However, the criteria for exemption from liability are still general, without a specific verification mechanism, and are easily exploited to cover up errors or avoid responsibility.
According to the delegate, the role of the Provincial People's Council is still lackluster, mainly supervision without the right to directly propose basic solutions to handle local problems and problems. The draft still lacks regulations on inspection and periodic assessment of the results of the implementation of the resolution.
From there, the delegate proposed to clarify the conditions for being exempted from responsibility, for example, there must be conclusions from inspection, examination and auditing agencies to determine that the cadres did not commit violations.
Expand the role of the provincial People's Councils, allowing them to propose the handling or abolishment of legal documents that are no longer suitable in the locality.
Also talking about this issue, delegate Nguyen Thi Thuy (Bac Kan delegation) regulated exemptions from responsibilities to help participating officials feel secure in focusing on reviewing and resolving problems caused by the law.
According to the delegate, there are 2 cases here: exclusion of responsibility and exemption of responsibility. Therefore, the delegate proposed to add a provision assigning the Government to specify this content in detail so that implementation can be consistent.
