Rectifying the situation of issuing legal documents... illegally

(Baonghean) -The issuance of legal documents by some levels, sectors and localities is a way to concretize the laws and regulations of higher levels. However, many places issue legal documents that are… illegal.

Many violations

According to Clause 3, Article 3, Decision No. 01/2013/QD - UBND dated January 9, 2013 of the People's Committee of Do Luong district on promulgating regulations on a number of policies on health, population/family planning in the district: When newly assigned or recruited to work at agencies and units in the district, in addition to signing a commitment not to give birth in violation of the Population - Family Planning policy according to general regulations, cadres, civil servants and public employees must sign an additional commitment with the content: If giving birth in violation of the Population - Family Planning policy, they will be subject to the highest form of disciplinary action, which is forced dismissal". In addition, Clause 2, Article 6 of the above regulation stipulates: Apply the disciplinary measure of forced dismissal in cases of violations by deliberately concealing or falsifying documents to avoid discipline, not signing a commitment but giving birth in violation or having previously been disciplined for violating the population policy, now continuing to give birth in violation of the Population - Family Planning policy.

Since the document was issued, it has received many mixed opinions among civil servants in Do Luong district. Many people are worried because although the State has not encouraged people to have a third child, it has had many "open" documents on family planning, especially for cases such as twins, children with disabilities, mental retardation... Checking the legality of the above document, the Department of Justice discovered a number of violations with signs of illegality.

Specifically, according to Mr. Nguyen Xuan Nam - specialist of the Department of Inspection and Monitoring of the Implementation of Legal Documents: State documents such as Decree No. 34/2011/ND-CP, Decree No. 27/2012/ND-CP of the Government regulating disciplinary action against civil servants all show that the disciplinary action of civil servants and public employees violating the Population - Family Planning policy is against the regulations. On the other hand, according to Clause 4, Article 5, Decision No. 76/2012/QD-UBND dated October 19, 2012 issued by the Provincial People's Committee, stipulating a number of Population - Family Planning policies in the province, cadres, civil servants, public employees (including labor contracts) ... who give birth to a third child or more will be disciplined with a reprimand. Therefore, the Do Luong District People's Committee's regulation on disciplinary action of forced dismissal if giving birth violates the Population - Family Planning policy is against the principle of disciplinary action.

Two of many documents discovered by the Department of Justice to have incorrect content.

Regarding the mobilization of contributions to the "Repaying gratitude" Fund, the People's Committee of Thai Hoa Town issued Decisions No. 501, 504, 505/QD-UBND dated April 9, 2012. The content of these decisions assigns the target of mobilizing the "Repaying gratitude" Fund in 2012 to the following units: Thai Hoa High School, Radio and Television Station, Western Economic and Technical Vocational College, with a minimum contribution of 1 day's salary/person/year. However, this regulation is contrary to Article 1, the regulations on management and use of the "Repaying gratitude" Fund issued together with Decree No. 45/2006/ND-CP dated April 28, 2006 of the Government, which clearly states that "The Repaying gratitude Fund is built by voluntary contributions".

Decision No. 36/2012/QD-UBND dated May 31, 2012 of the Provincial People's Committee on promulgating the Regulations on recruitment, receiving mobilization, transfer; procedures and evaluation procedures; rewards and discipline; termination and retirement regimes for commune, ward and town civil servants in the province also has some contents that are inconsistent with Decree No. 112/2011/ND-CP dated December 5, 2011 of the Government on commune civil servants. Specifically, Decree No. 112 only gives priority of 20 points to children of martyrs, children of war invalids... but Decision No. 36 stipulates that 30 points can be added. Subjects such as people with a regular university degree with a good regular university degree, people with a master's degree, children of ministries, soldiers of the armed forces... according to Decree No. 112 are not priority subjects, however, in the provincial document, they are given 10 - 20 points.

Not strictly handled

According to information from the Department of Justice on the issuance of legal documents (QPPL) of the province, in 2012 and the first 4 months of 2013, the province issued 151 documents. Basically, the QPPL documents issued by the Provincial People's Committee all ensure compliance with regulations on authority, content, format and presentation techniques, ensuring constitutionality, legality and consistency with the current legal system. However, there are still some documents that are contrary to regulations such as Decision No. 36 above. Particularly in localities, the number of violating documents is much higher. Through inspections in the districts of Con Cuong, Anh Son, Ky Son, Nghia Dan, Tan Ky, Quynh Luu, Yen Thanh, Que Phong, Quy Chau, Nghi Loc, Quy Hop, Thai Hoa Town, it was discovered that 23 documents used legal bases that were not in accordance with regulations, 60 documents were issued in the wrong form, 69 documents had content that was not in accordance with legal regulations, and 359 documents had errors in format and technical presentation of documents.

In addition, through the inspection of 259 documents sent by districts, cities and towns to the Department of Justice, 11 documents were found to have illegal content, 67 documents had errors in format and presentation techniques. The reason was that the drafting agency did not prepare carefully, did not organize to collect opinions from agencies, organizations and subjects directly affected by the document, so the content was still sketchy, many regulations were still general and lacked specificity. Therefore, some documents were not highly feasible or were not feasible when implemented in real life.

Regarding the handling direction, Ms. Nguyen Thi Que Anh - Deputy Director of the Department of Justice said: After discovering the above documents violating the law, the Department of Justice announced the inspection conclusion, requested the competent authority to promptly suspend the implementation, abolish, amend, and supplement the documents issued illegally, and thoroughly handle documents with illegal content... However, besides some localities that strictly implemented, there are still some units that have to be urged and reminded many times. In particular, Nam Dan district did not send any documents in 2012 - 2013, Ky Son district sent 1 document in 2012, and in 2013, it has not been implemented... This situation is partly due to the lack of responsibility of local authorities. Besides, apart from reminders, there is currently no sanction and in fact no organization or individual has been criticized or reviewed for issuing incorrect documents or late submission of documents, so the situation of issuing illegal legal documents in the province is slow to be resolved.

Article and photos: My Ha