Enhancing the role of the Fatherland Front in criticizing the drafting of legal documents

On the morning of May 7, the National Assembly Delegation of Nghe An province held a conference to provide comments on the draft Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents. Deputy Heads of the National Assembly Delegation of the province: Nguyen Thanh Hien, Tran Van Mao chaired the conference. Representatives of relevant departments, agencies and branches attended. Photo: Thanh Quynh

The Law on Promulgation of Legal Documents was promulgated and took effect in 2015 with many contents and policies of the new Law being implemented. Therefore, in the process of implementation into practice, there are still some problems and shortcomings related to: Scope of amendments and supplements to the Law; supplementing some regulations on ensuring the leadership of the Party in the development and promulgation of legal documents; the role of social criticism of the Vietnam Fatherland Front in the development of legal documents; responsibility for presiding over the explanation, reception, and revision of draft laws and resolutions...

Unanimity in regulating the critical role of the Vietnam Fatherland Front

Regarding the role of social criticism of the Fatherland Front Committee in drafting legal documents, delegate Que Thi Tram Ngoc - Head of the Department of Inspection and Drafting of Legal Documents of the Department of Justice said that the Law needs to stipulate this content more clearly and consistently.

In recent times, the role of the Vietnam Fatherland Front in participating in law-making has been stipulated by the 2013 Constitution, the 2015 Law on the Vietnam Fatherland Front and related laws.

Representatives of the Department of Justice contributed ideas to the draft law at the conference. Photo: Thanh Quynh

This role is stipulated in the law-making process, including: the right to propose the promulgation of legal documents, the right to draft documents, submit draft documents to competent authorities, pre-control legal documents; and the role of the Vietnam Fatherland Front in law enforcement.

However, Clause 2, Article 6 (Law on Promulgation of Legal Documents as amended and supplemented) stipulates the role of the Vietnam Fatherland Front in conducting criticism "only in cases where these draft legal documents are criticized". This causes confusion and lack of synchronization in the implementation of the Front's criticism role and the process of sending documents for criticism from the presiding agency.

To overcome this, delegates recommended considering the implementation of the Vietnam Fatherland Front Committee's participation in the review of all legal documents, especially those issued by the provincial level.

Enhance the effectiveness of sub-law documents

Many opinions say that, in reality, legal documents have been issued and come into effect, but sub-legal documents such as decrees, circulars, instructions, etc. have not been issued promptly and quickly. There are even decrees and instructions that do not match the contents of previously issued legal documents.

Propagating legal policies to ethnic minorities in Thanh Chuong. Photo: Thanh Quynh

This situation leads to limitations in handling administrative procedures and legal interpretation, creating legal gaps while waiting for sub-law documents. At the same time, it causes difficulties in applying and enforcing sub-law documents in practice.

Delegates also proposed to consider expanding the authority to issue legal documents for district and commune authorities in regulating specific local issues and policies according to the Law on Organization of Local Government. This is the basis for solving urgent issues related to the socio-economic development situation and promoting agricultural, forestry and fishery promotion policies of each local unit.

Several other issues related to the drafting of Government decrees, resolutions of provincial People's Councils; establishment of Drafting Committees for draft laws and ordinances; the examination of draft laws and ordinances; documents detailing laws and ordinances; the drafting and promulgation of legal documents at the central and local levels... were also commented on by delegates at the conference.

On behalf of the National Assembly Delegation, the Deputy Heads of the National Assembly Delegation acknowledged and summarized the opinions of the delegates participating in the drafting of the Law, and submitted it to the National Assembly for consideration at the next session.