On the afternoon of June 24, with 397/411 delegates in favor, the National Assembly passed a Resolution on a special mechanism for handling difficulties and problems due to legal regulations.
The Resolution consists of 7 articles, regulating the criteria for determination, principles, plans, processes and responsibilities in handling difficulties and problems due to legal regulations.
Regarding the criteria for determining difficulties and problems due to legal regulations, the Resolution stipulates 3 criteria, including: Regulations on conflicts and overlaps in the same legal document or between legal documents; Regulations of legal documents are unclear, have many different understandings, are unreasonable, are unfeasible, cause difficulties in applying and implementing the law; Regulations of legal documents create a burden of compliance costs; limit innovation, creativity, develop new growth momentum, unlock resources, promote economic growth and international integration.
The Resolution sets out 5 principles when handling difficulties and problems due to legal regulations, orienting the process of amending, supplementing or issuing legal documents to handle difficulties and problems, ensuring strictness and avoiding arbitrariness in implementation. At the same time, 3 options were proposed to handle difficulties and problems due to legal regulations.
According to Minister of Justice Nguyen Hai Ninh, the validity period of the Resolution is from the date of approval to February 28, 2027, and at the same time, remove the regulation on law selection applicable in Clauses 2 and 3, Article 7 of the Draft Resolution to submit to the National Assembly before approval.
He also said that there were opinions suggesting that this Resolution should not legalize violations that occurred before the Resolution was issued.
Regarding this issue, the Government affirmed: This Resolution has no goals, nor should it be used to legalize any violations that occurred before the Resolution took effect.
To avoid abuse in practice as well as prevent the legalization of violations, in addition to regulating the criteria for determining and the principles for handling difficulties and problems due to legal regulations, the Resolution also specifically stipulates the mechanisms for controlling and supervising the handling of difficulties and problems due to legal regulations (appraisal mechanism of the independent Appraisal Council; responsibility for reporting and seeking opinions from competent authorities in specific cases; responsibility for reporting to the National Assembly Standing Committee, the National Assembly at the most recent session, session; supervision responsibility of the National Assembly, National Assembly Standing Committee, Ethnic Council, National Assembly Committees, National Assembly Delegations and National Assembly deputies, People's Councils at all levels, Vietnam Fatherland Front)...
