Only the mandatory articles and clauses should be amended to serve the arrangement and streamlining of the apparatus

CAO NGUYÊN |

Vice Chairman of the National Assembly Nguyen Khac Dinh said that the general principle is to only amend the mandatory articles and clauses that need to be amended to serve the arrangement and streamlining of the apparatus.

Continuing the program of the 44th Session, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents.

Presenting the Government's Summary Report, Minister of Justice Nguyen Hai Ninh said that the draft Law amends and supplements a number of provisions of the current Law related to the development and promulgation of legal documents of commune-level authorities; the role of the Vietnam Fatherland Front in the development and promulgation of legal documents.

In particular, the Draft Law abandoned the authority to promulgate legal documents of the People's Council (People's Council), People's Committee (People's Committee) of the district -level replacement by the authority to promulgate legal documents of the People's Council and People's Committee.

Regarding the addition of decentralization, the Minister said that he will study to regulate in accordance with the Law on Organization of Local Government, which will be amended at the upcoming 9th Session.

Regarding the handling of documents issued by competent authorities when reorganizing organizations and apparatus, the draft Law supplements Clauses 4, 5, 6 and Clause 7, Article 72 of the Law to handle legal documents issued by People's Councils, People's Committees at the provincial, district and commune levels and complete the handling before March 1, 2027.

Bo truong Bo Tu phap Nguyen Hai Ninh. Anh: Quochoi.vn
Minister of Justice Nguyen Hai Ninh. Photo: Quochoi.vn

At the same time, the draft Law also stipulates that People's Councils and People's Committees at the commune level are allowed to issue administrative documents to select the application of legal documents of commune-level administrative units before the arrangement or abolish legal documents of commune-level administrative units before the arrangement.

However, the draft Law stipulates that the People's Councils at the commune level and the People's Committees at the commune level are not allowed to take effect before.

Presenting the Summary Report on the draft Law, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung said that the Committee and agencies agreed to amend and supplement the Law on Promulgation of Legal Documents.

Mr. Tung also agreed with the development of this Law according to a shortened order and procedure; the draft Law dossier is complete and sent on time as prescribed.

Regarding the contents of documents of People's Councils, People's Committees, Point c, Clause 1, Article 21 and Clause 2, Article 22 of the current Law proposed to supplement the authority of provincial and commune People's Councils to promulgate resolutions for decentralization, commune -level People's Committees issue decisions for decentralization.

The Law and Justice Committee found that this regulation is not consistent with the provisions of the Law on Organization of Local Government.

Accordingly, decentralization is only for the operation of the state administrative agency system. Therefore, it is recommended to remove the above regulation to ensure consistency in the legal system.

Chu nhiem Uy ban Phap luat va Tu phap Hoang Thanh Tung. Anh: Quochoi.vn
Chairman of the Law and Justice Committee Hoang Thanh Tung. Photo: Quochoi.vn

Participating in giving comments, Permanent Vice Chairwoman of the National Assembly's Committee for Petition and Supervision Le Thi Nga suggested that the contents serving the arrangement of the administrative apparatus, which must be revised, should be revised and supplemented.

"The contents that do not need to be amended immediately but can still be implemented will not be amended this time, only issues that must be amended" - the Standing Deputy Head of the Committee for Petition and Supervision proposed.

Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the general principle is to only amend the necessary articles and clauses to serve the work of arranging, innovating, and streamlining the apparatus.

At the same time, the amendment is to meet the requirements of developing science, technology, and innovation in the coming time.

CAO NGUYÊN
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