On the afternoon of May 26, the National Assembly discussed in the hall on the Law on Amending and Supplementing a number of articles of the Civil Procedure Code, the Law on Administrative Procedure, the Judicial Law Law, the Bankruptcy Law and the Law on Conciliation and Dialogue at the Court.
Through studying the current Law on Administrative Procedure and this draft law, Colonel Nguyen Tam Hung - Member of the National Defense, Security and Foreign Affairs Committee - said that there are still some unresolved issues and problems.
The delegate suggested that the drafting agency consider and consider adding to the law or suggest the Government issue a decree to guide the implementation of some contents.
Firstly, the current Law on Administrative Procedure and the draft law for this additional amendment do not have regulations or sanctions for cases where the Chairman of the People's Committee, Vice Chairman or authorized person does not attend the trial, does not dialogue or does not provide timely evidence.
In reality, very few cases with the direct participation of People's Committee leaders cause difficulties in debate and reduce the effectiveness of the trial. Therefore, the delegate suggested that the drafting committee consider adding specific sanctions to ensure the requirements of responsibility and administrative discipline.
Secondly, the current Law on Administrative Procedure only allows the Chairman of the People's Committee to authorize the Vice Chairman of the People's Committee of the same level, but the reality has been authorized for a long time to authorize the leadership of the specialized agency. Delegates said that this is not consistent with the regulations.
The delegate suggested that the drafting committee consider keeping the regulations to ensure direct responsibility of the head or reasonably expand to allow the authorization of the head of a professional agency with clear and strict conditions.
Third, the draft law stipulates that the court must interpret the verdict within 15 days. Many agencies waited but did not respond, causing a delay in the execution of the judgment.
Therefore, the delegate suggested that the drafting committee consider and consider adding sanctions for court responsibilities when not implementing the prescribed time limit in order to improve discipline and handling efficiency.
Fourth, there is currently no regulation on handling the responsibility of the head of an administrative agency if he intentionally fails to enforce or leaves administrative judgments in backlog. Therefore, the delegate suggested reviewing and considering adding regulations on personal responsibility in this case.
Disagreeing with the above view, delegate Pham Van Hoa (Dong Thap Doan) said that most of the trial of administrative decisions of the Chairman of the Provincial People's Committee or the provincial People's Committee often authorized very little for the vice presidents that authorized the Director of the Department; District level authorized the head of the department, Chief Inspector ...
The delegate said that such a regulation would be reasonable because the Chairman of the Provincial People's Committee is very busy, "a thousand jobs". Meanwhile, department directors, chief inspectors or department heads will have a good grasp of the matter, especially land cases.
Responding to this issue later, delegate Nguyen Tam Hung said that authorization leads to a situation of popularity of asking for absence or authorization without proper authority, making it difficult to debate, reducing the strictness of the law. There is also no regulation allowing the court to force the legal representative of the People's Committee to appear at the trial or specific sanctions if there are violations.
Meanwhile, this is an important requirement to ensure the right to dialogue, debate and responsibility of heads of government at all levels.
