Issuing illegal documents: Unacceptable

Responding to questions from National Assembly deputies on the morning of June 12 about the situation of illegal promulgation of legal documents, Minister of Justice Ha Hung Cuong said that it is unacceptable that the 2013 Constitution has come into effect but is still being promulgated incorrectly.

Regarding the issuance of illegal documents by many agencies discovered by the Ministry of Justice during the investigation process, through the reflection of the press and people, Minister Ha Hung Cuong said that there are many legal documents (VBQPPL) with signs of illegality.

Minister of Justice Ha Hung Cuong.

According to statistics, from the beginning of the 13th National Assembly's term to April 30, 2014, out of a total of 1,574 documents inspected, the Ministry of Justice discovered 312 documents with signs of illegality, of which 54 documents had incorrect content, the remaining documents had incorrect document format, issuing authority...

Of the 54 documents with incorrect content, none were unconstitutional, four showed signs of not being in accordance with laws and ordinances, and the remaining showed signs of not being in accordance with Government decrees and Prime Minister decisions. In addition, the Ministry of Justice also made recommendations on regulations that were inconsistent with reality and were not feasible.

Regarding the documents with illegal content, after the Ministry of Justice discussed with the agencies that issued the documents, 19 agencies immediately revised the illegal, inappropriate and unfeasible content. Specifically, Circular No. 24 of the Ministry of Education and Training stipulates a number of priority subjects for university entrance exam points, including Vietnamese Heroic Mothers and pre-uprising revolutionary activists. Of the 35 documents with illegal content that were notified by the Ministry of Justice, 20 have been processed so far.

There are some circulars being processed such as Circular 05 of the Ministry of Labor, Invalids and Social Affairs which stipulates additional documents that must be provided to enjoy preferential treatment for relatives of martyrs compared to the provisions of the Decree detailing the implementation of the Ordinance on People with Merits.

The Minister said that after the 2013 Constitution was promulgated, our country entered a new chapter in perfecting the legal system, but ministries and branches continued to issue circulars with incorrect content, authority, and format... which is unacceptable.

Every month, the Ministry of Justice reports to the Government on the document review process for the Government to review and comment on this issue.

Regarding the question of delegate Nguyen Ba Thuyen (Lam Dong) on ​​whether people should sue agencies that issue illegal documents that cause damage to the legitimate rights and interests of individuals and organizations, Minister Cuong said that they should fairly sue state agencies from the ministerial level down if they issue wrong documents that cause damage to individuals and organizations.

At the same time, Minister Ha Hung Cuong also recommended that the Supreme People's Court should be given the right to consider suspending the implementation of any erroneous documents during the trial process.

Concluding the response to Minister Ha Hung Cuong's question, National Assembly Chairman Nguyen Sinh Hung said that there are still weaknesses and shortcomings in the building of legal institutions, which are the responsibility of the National Assembly, the National Assembly Standing Committee, and the National Assembly Committees, not just the responsibility of the Ministry of Justice and the Government for this work.

Thereby, the National Assembly is concerned that our country's legal system still has many problems that need to be overcome, such as program development, implementation organization, and dissemination of laws to the people, which still have many limitations, such as delaying laws, removing them from the law and ordinance development program, slow implementation, slow implementation guidance, especially the issuance of guiding documents also has many errors, such as issuing laws without decrees and circulars, how can the law be enforced. Besides, there are inappropriate and erroneous instructions, which are very dangerous, affecting the rights and legitimate interests of the people. This makes the National Assembly and the people worried when applying the law to people's lives.

The responsibility for this weakness lies with the National Assembly, the Standing Committee, the National Assembly Committees, especially the Law Committee, the Government, the Ministry of Justice, and the prosecution agencies such as the Supreme People's Court and the Supreme People's Procuracy.

Therefore, the National Assembly Chairman requested the Ministry of Justice and other agencies to urgently study and amend the Law on Promulgation of Consolidated Legal Documents to submit to the National Assembly at the 8th session and pass it at the 9th session in the spirit of seriously handling responsibilities for shortcomings and weaknesses in organizing, implementing and guiding the enforcement of the law.

According to chinhphu.vn