Nghe An National Assembly delegation discusses mechanism for handling difficulties and problems caused by legal regulations

The delegations of National Assembly deputies from Nghe An, Hai Phong and Ba Ria - Vung Tau discussed together in Group 4. The delegates all agreed on the necessity of issuing this Resolution, and at the same time contributed many specific opinions to perfect the draft, ensuring feasibility and constitutionality in practical implementation.

Speaking at the discussion session, based on the analysis of the objective of issuing the above Resolution to meet the practical requirements in State management and socio-economic development, delegate Tran Nhat Minh - full-time National Assembly delegate of Nghe An delegation proposed that the drafting agency add a provision on the scope of regulation as follows: "This Resolution does not apply to legal provisions related to human rights, basic rights and obligations of citizens".

Because the contents related to human rights, basic rights and obligations of citizens must be carefully and thoroughly considered and evaluated and must fully comply with legal procedures and regulations, it is not possible to apply specific, pilot regulations.

Regarding the criteria for determining difficulties and obstacles due to legal regulations, the delegate said that some criteria such as "creating a burden of compliance costs" and "limiting innovation and creativity" are still qualitative and difficult to determine accurately in practice. According to the delegate, it is necessary to continue to research and concretize these criteria in the direction of defining more clearly the content to facilitate implementation.

He proposed to rewrite as follows: "The provisions of legal documents on administrative procedures still create a burden of compliance costs, limiting innovation and creativity"; that is, adding the phrase "on administrative procedures" will clarify the content of this criterion.

Regarding the principle of handling difficulties and obstacles caused by legal regulations, delegate Tran Nhat Minh agreed that the review by the Committee on Law and Justice should add the principle of "ensuring the constitutionality and consistency of the legal system". According to the delegate, this is not only a technical legislative requirement, but also a mechanism to control State power.

Regarding the composition of the Independent Appraisal Council, delegates proposed adding the main member to be the National Assembly's Committee on Law and Justice. In addition, the Council can invite representatives from other agencies of the National Assembly, depending on the specific field, to ensure objectivity and expertise.

Meanwhile, Major General Tran Duc Thuan - Member of the National Assembly, full-time member of the National Assembly's Committee on National Defense, Security and Foreign Affairs, and delegate from Nghe An continued to emphasize the necessity and timeliness of issuing this Resolution. However, the delegate also expressed an opinion on the principle of applying the Resolution to ensure a broader and more flexible application.

Delegates expressed concerns about allowing the Government to issue a legal resolution to adjust some contents of a law issued by the National Assembly during the time when it has not been amended or supplemented in time to resolve difficulties and problems, if that law is submitted by the Government.

According to him, among the laws submitted by the Government are sensitive and important areas such as national defense and security - which are under the authority of the National Assembly. Allowing the Government to make adjustments, even within a limited framework, still needs to be carefully reviewed to avoid unconstitutional violations, even if "accidental".

Commenting on the regulation on exemption from liability for staff officers, delegate Tran Duc Thuan affirmed that it is necessary to issue this regulation. However, according to him, the phrase “exemption from criminal liability” needs to be considered, because it can be understood too broadly.

He proposed: The above regulations need to be strict, not too broad and must be consistent with other special and outstanding regimes and policies that have been issued. Thereby, on the one hand, there is a mechanism to protect policy advisors, but also to promote the responsibility of advisors.

On the same afternoon, the National Assembly listened to the report and inspection report on the draft Resolution of the National Assembly on the mechanism for handling difficulties and obstacles due to legal regulations; discussed in the hall about: Investment policy for the Quy Nhon - Pleiku Expressway Construction Investment Project; Investment policy for the Ho Chi Minh City Ring Road 4 Construction Investment Project; Adjustment of investment policy for the Bien Hoa - Vung Tau Expressway Construction Investment Project Phase 1.

Previously, on the morning of June 20, the National Assembly completed the content of questioning and answering questions after 1.5 working days.