Comments on the draft Law on promulgation of legal documents

Continuing the working program, on the afternoon of October 6, the National Assembly Standing Committee gave opinions on the draft Law on promulgation of legal documents and the draft Ordinance on environmental police.

Vice Chairwoman of the National Assembly Tong Thi Phong speaks. Photo: VOV

Regarding the draft Law on promulgation of legal documents, the Report on receiving and explaining the opinions of the National Assembly Standing Committee and the examination opinions of the Law Committee on the draft Law, presented by Minister of Justice Ha Hung Cuong, clearly stated: regarding the name of the draft Law, at the 31st session, the National Assembly Standing Committee requested to change the name of this draft Law from "Law on promulgation of legal documents" to "Law on legal documents."

Accepting this opinion, the Government has changed the name of the Law project to "Law on legal documents." Regarding this issue, the Standing Committee of the Law Committee, the examining body, has the view that the Constitution of the Socialist Republic of Vietnam has stipulated the authority of state agencies in promulgating legal documents, in particular, Article 119 of the Constitution clearly states the requirement that all legal documents must be consistent with the Constitution.

Therefore, it is necessary to change the name of the Law to the Law on Legal Documents to ensure compliance with the provisions of the Constitution. However, the Standing Committee of the Law Committee finds that although the name of the Law has been changed, the scope of regulation of the Basic Law remains the same, still only regulating the promulgation of general legal documents. It is recommended that the Drafting Committee review, supplement and amend specific provisions in the Draft to be consistent with the name and scope of the Law that has been adjusted.

Many opinions at the discussion session suggested that the name of the draft law be the Law on Promulgation of Legal Documents.

According to the opinion of National Assembly Chairman Nguyen Sinh Hung, the word "promulgated" should be clearly stated in the name of the draft law to distinguish that this is a law on promulgating legal documents, not a law on content.

Discussing documents of district and commune authorities, the draft Law (Article 3) proposes 2 options: Option 1: Not regulating the authority to issue legal documents of district and commune authorities. Option 2: Regulating the authority to issue legal documents of district and commune authorities.

Chairwoman of the National Assembly's Committee on Social Affairs Truong Thi Mai expressed her disagreement with the provisions in the draft Law as well as the Review Report of the Law Committee. Delegate Truong Thi Mai suggested that, based on the summary of practice and impact report, the draft should specify the appropriate forms of legal documents that will be issued at the district and commune levels. According to the delegate, this clarification will increase transparency and ease of law enforcement.

Also agreeing on the need to increase clarity and transparency in the provisions of the draft law, National Assembly Chairman Nguyen Sinh Hung emphasized that the draft law needs to have specific provisions on the authority to issue, the content and form of legal documents. The National Assembly Chairman suggested that the Drafting Committee should review the provisions to ensure transparency, transparent implementation, and proper authority and responsibility.

Regarding the content of the promulgation of a Decree regulating new and necessary issues to meet the requirements of state management, economic management, and social management but not yet qualified to be developed into laws and ordinances (Clause 3, Article 16), some opinions in the National Assembly Standing Committee agreed with the draft Law to continue to stipulate that the Government should promulgate a Decree to regulate new and necessary issues to meet the requirements of state management, economic management, and social management but not yet qualified to be developed into laws and ordinances.

This regulation inherits the provisions of the current Law. On the basis of agreeing with this viewpoint, Chairwoman of the Committee on Social Affairs Truong Thi Mai said that "whatever is under the authority of the Government, let the Government issue it" otherwise it will be very difficult for the Government to operate.

However, the delegate also suggested that the draft law should stipulate specific criteria for this content. As the examining body, the Standing Committee of the Law Committee recommends that this provision should not be continued; if necessary, it can be submitted to the National Assembly and the National Assembly Standing Committee to promulgate laws and ordinances.

At the discussion session, the National Assembly Standing Committee also gave opinions on the following issues: responsibilities of the agency submitting draft laws and ordinances in the process of revising draft laws and ordinances; policy-making process in the process of drafting legal documents...

During the remaining time of this afternoon's working session, the National Assembly Standing Committee gave opinions on the draft Environmental Police Ordinance.

The Government's report clearly stated: currently, the organization and operation of the Environmental Police are only regulated by the Government's Decree (Decree No. 72/2010/ND-CP dated July 8, 2010, stipulating the prevention and combat of crimes and other violations of environmental laws) and guiding documents of the Ministry of Public Security, but there are no legal documents with high legal effect to fully and comprehensively regulate the functions, tasks, powers, organization and conditions to ensure the operation of the Environmental Police; the responsibilities of State management agencies in preventing and combating crimes and administrative violations of natural resources, environment, food safety, etc.

Therefore, the promulgation of the Environmental Police Ordinance to create a full legal basis for the organization and operation of the Environmental Police to effectively prevent and combat crimes and administrative violations related to natural resources, environment, and food safety is an objective and urgent requirement today.

The Draft Ordinance stipulates the functions, tasks and powers of the Environmental Crime Prevention and Control Police (abbreviated as the Environmental Police); the organizational system, ensuring the operation and regimes and policies for the Environmental Police; the rights, obligations, responsibilities and regimes and policies for organizations and individuals; the responsibilities of state management agencies, the Vietnam Fatherland Front and its member organizations. The Draft Ordinance consists of 6 chapters and 32 articles.

Through studying the draft Ordinance dossier, many opinions assessed that the draft Ordinance dossier was prepared by the Drafting Committee in accordance with the provisions of the Law on Promulgation of Legal Documents, and was qualified to be submitted to the National Assembly Standing Committee for comments.

Many opinions at the discussion session agreed with the necessity of issuing the Ordinance to create a solid legal basis for the environmental police force to operate with a core role in preventing and combating environmental crimes, meeting the requirements of environmental protection in the period of industrialization and modernization of the country.

Discussing the duties and powers of the environmental police, Clause 4, Article 10 stipulates: Conduct investigations into crimes related to natural resources, environment, and food safety according to the provisions of the law on criminal investigation.

Vice Chairwoman of the National Assembly Tong Thi Phong suggested that the draft ordinance should clearly state which types of crimes the environmental police force is allowed to investigate to ensure legal consistency.

According to Vietnam+