Review and carefully evaluate the consequences of illegal documents.

Pham Bang DNUM_AHZBBZCABI 16:51

(Baonghean.vn) - The interdisciplinary inspection team of the Ministry of Justice requested the People's Committee of Nghe An province to review and classify illegal documents; carefully assess the consequences and handle the responsibilities of individuals who advised on the issuance of the above documents.

Chiều 11/7,  Đoàn công tác kiểm tra liên ngành của Bộ Tư pháp làm việc với UBND tỉnh Nghệ An về việc kiểm tra công tác kiểm tra, xử lý, rà soát, hệ thống hóa văn bản quy phạm pháp luật. Ông Đồng Ngọc Ba – Cục trưởng Cục kiểm tra văn bản quy phạm pháp luật Bộ Tư pháp làm trưởng đoàn. Chủ trì làm việc với đoàn có đồng chí Huỳnh Thanh Điền – Phó Chủ tịch UBND tỉnh. Ảnh: Phạm Bằng
On the afternoon of November 7, the Ministry of Justice's interdisciplinary inspection delegation worked with the People's Committee of Nghe An province on the inspection of the work of inspection, handling, review, and systematization of legal documents. Comrade Dong Ngoc Ba - Director of the Department of Inspection of Legal Documents of the Ministry of Justice was the head of the delegation. The delegation was chaired by Comrade Huynh Thanh Dien - Vice Chairman of the Provincial People's Committee. Photo: Pham Bang

From 2016 to August 30, 2018, the Provincial People's Committee self-inspected and processed 280 legal documents issued by the Provincial People's Council and People's Committee; 18 documents were found to be illegal. The number of documents sent by the district level to be inspected was 339 documents, 34 documents were found to be illegal.

Regarding the documents inspected by the Provincial People's Committee according to its authority, 138/3,925 documents were found to have signs of illegality. At the district level, the number of documents self-inspected and found to have signs of illegality was 267/6,600 documents. The district level self-inspected according to its authority and found 493/3,925 documents with signs of illegality.

After discovering illegal documents, People's Councils and People's Committees at all levels issued revised, supplemented, and replaced documents to comply with current laws. Competent authorities have handled the illegally issued documents according to regulations.

Assessing the consequences and harm caused by illegal documents, the Provincial People's Committee said that most of the documents have not caused material damage or had negative impacts on the security and order situation, complaints and lawsuits arising from the illegal content of the documents. Some illegal regulations have a small scope and impact on only a group of subjects.

Đồng chí Huỳnh Thanh Điền - Phó Chủ tịch UBND tỉnh trao đổi thêm những nội dung mà đoàn yêu cầu. Ảnh: Phạm Bằng
Comrade Huynh Thanh Dien - Vice Chairman of the Provincial People's Committee discussed further contents requested by the delegation. Photo: Pham Bang

The Provincial People's Committee also believes that the inspection of legal documents has brought about practical results, restoring order in the development and promulgation of legal documents. Units have promptly handled documents with illegal content, and organized lessons learned for documents with errors in format and presentation techniques.

However, there are still some sectors, units and localities that have not really proactively carried out the work of self-inspecting documents issued by their sectors; The handling of documents with illegal content by the document issuing agencies is still slow compared to regulations.

"It is very difficult to handle responsibility, because it is difficult to determine whether the fault is due to limited capacity and awareness of the organization or individual in consulting and issuing documents or whether it is a deliberate violation. Therefore, handling organizations and individuals is mainly done through meetings to review and draw lessons," the report stated.

Every year, the Provincial People's Committee has reviewed and systematized legal documents to determine which documents are still valid, which have expired in whole or in part, and at the same time proposed to amend, supplement, replace, abolish or issue new documents that are no longer suitable or have no legal regulation.

At the meeting, the inspection team announced the preliminary assessment results of 10 legal documents issued by the Provincial People's Council and People's Committee that showed signs of violating the law. Afterwards, the leaders of the Provincial People's Committee, the departments and the inspection team directly discussed the specific contents of these documents.

Ông Đồng Ngọc Ba – Cục trưởng Cục kiểm tra văn bản quy phạm pháp luật Bộ Tư pháp đề nghị tỉnh Nghệ An đánh giá kỹ hậu quả của các văn bản trái pháp luật gây ra. Ảnh: Phạm Bằng
Comrade Dong Ngoc Ba - Director of the Department of Inspection of Legal Normative Documents of the Ministry of Justice requested Nghe An province to carefully assess the consequences caused by illegal documents. Photo: Pham Bang

On behalf of the inspection team, comrade Dong Ngoc Ba - Director of the Department of Inspection of Legal Normative Documents of the Ministry of Justice concluded that Nghe An has recently implemented synchronously at all 3 levels of inspection, processing, review and systematization of legal normative documents. The work of building institutions, apparatus, staffing, and database construction is relatively complete. The work of self-inspection, inspection according to authority and review and systematization of legal normative documents has been paid attention to and well implemented by the province.

However, the issuance of legal documents in the province still has limitations, such as incorrect perception of authority, incorrect content, incorrect presentation techniques, enforcement effectiveness, etc. The total number of self-inspected and inspected documents with signs of illegality is still large. Therefore, the inspection team requested the Provincial People's Committee and sectors and localities to carefully re-evaluate the consequences of illegal documents that have been issued. Review and specifically classify illegal documents; request handling of responsibilities of individuals advising on illegal documents according to the provisions of law.

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Review and carefully evaluate the consequences of illegal documents.
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