On March 22, the Ministry of Justice announced that Deputy Minister Dang Hoang Oanh had a working session with affiliated agencies on a number of contents related to the Law on administrative procedure (amended).
According to the draft Proposal for the Law on administrative expenses, after 12 years of implementation, the Law has contributed to ensuring order, administrative discipline, security, social order and safety, and protecting the legitimate rights and interests of individuals and organizations.
However, in the face of the urgent need to reorganize and streamline the state apparatus, strongly reform administrative procedures, and speed up the application of science and technology in state management, the system of regulations of the Law on administrative reform has revealed many shortcomings, not keeping up with the development of practice.
The merger and consolidation of agencies and units in the administrative apparatus, the transfer of management tasks between ministries and branches have a great impact on regulations on the authority to sanction administrative violations, the authority to decide on enforcement, the authority to apply measures to prevent and ensure administrative violations of civil servants and public employees of positions.
Some specific regulations related to maximum fines, penalty authority, fines for behavior, etc. in the Law on administrative procedures have become outdated compared to current socio-economic development conditions.
At the meeting, a number of delegates proposed amending and adding the inspection function; clearly defining the competent authority to sanction administrative violations; and regulating the subjects and forms of sanctions in administrative violations.
Reviewing the meeting, Deputy Minister Dang Hoang Oanh acknowledged and highly appreciated the development of the dossier and draft of the Submission of the Department of Document Inspection and Management of HCWs.
According to the Deputy Minister, along with amending things related to organizational structure, it is necessary to review and correct the remaining contents in practice and implementation: making records, temporarily detaining... These are difficulties, hindering the practical work of handling administrative violations of corporate governance by competent authorities, regulations that can affect the rights of people and businesses.
In addition, it is necessary to focus on a group of regulations to improve state management capacity, including affirming the responsibility of the Ministry of Justice to be responsible to the Government for handling administrative procedures.
In particular, it is necessary to stipulate resources to ensure the handling of administrative violations: supplement the principles of funding for law enforcement on handling administrative violations guaranteed by the state budget; The policy of allocating a part of the revenue from administrative violations after being paid to the state budget to directly support administrative violation activities; increase facilities, equipment, and human resources.
