Commune level is allowed to issue legal documents.
This morning (June 22), with 88.87% of the total number of delegates present in favor, the National Assembly passed the Law on Promulgation of Legal Documents, consisting of 17 chapters and 175 articles.
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National Assembly delegates press the button to pass the bill |
Commune level is allowed to issue legal documents.
The Law stipulates the authority to promulgate legal documents at the district and commune levels. Accordingly, the People's Councils at the district and commune levels issue resolutions, and the People's Committees at the district and commune levels issue decisions to regulate matters assigned by law.
The report on acceptance and explanation presented by Chairman of the Law Committee Phan Trung Ly stated that, in order to ensure that district and commune-level authorities perform their assigned tasks and powers in accordance with local characteristics, it is necessary to assign these levels of authorities the authority to issue legal documents.
However, to overcome the limitations and shortcomings in the promulgation of legal documents at district and commune levels as in the past, the Law stipulates more clearly the basis for promulgation, scope, authority and form of documents.
Regarding detailed regulations, they are more specifically regulated in the Law. According to the National Assembly Standing Committee, because the provisions of the law are related to the rights and obligations of the people, the administrative procedures for people to implement are regulations that have a direct impact on the rights and interests of the people.
In case it is necessary to specifically regulate this issue in a Government document or a document of a Minister or Head of a ministerial-level agency, the law will stipulate.
Issuing unconstitutional documents is the basis for a vote of confidence.
Regarding the responsibilities of agencies, organizations and competent persons in the development and promulgation of legal documents, accepting the opinions of National Assembly deputies, the National Assembly Standing Committee proposed that the National Assembly supplement regulations on responsibilities in the direction that the National Assembly, People's Councils and other agencies and competent persons promulgating legal documents are responsible for the quality of the documents they promulgate (Clause 5).
Agencies and competent persons are responsible for promulgating legal documents contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, orders and decisions of the President, decrees of the Government, decisions of the Prime Minister, legal documents of superior state agencies or promulgating detailed regulations with contents beyond the scope of assigned detailed regulations (Clause 7).
The head of the drafting agency, organization, appraisal agency, submitting agency, examining agency and agency issuing legal documents, within the scope of their duties and powers, must be responsible for failure to complete their tasks and, depending on the level, be handled according to the provisions of the law on cadres, civil servants and other relevant legal provisions in cases where the draft document does not ensure quality, is behind schedule, or does not ensure the constitutionality, legality and consistency of the legal document assigned to be implemented (Clause 8).
At the same time, this is also one of the bases for National Assembly deputies to consider taking a vote of confidence./.
According to VOV.VN