The Prime Minister requested a change in the mindset of law-making towards the direction that laws must be both manageable and transparent, mobilizing all resources to develop the country; eliminating the mindset that if they cannot be managed, they must be banned.
On January 7, concluding the Government's special meeting on law-making in January 2025, Prime Minister Pham Minh Chinh requested a change in the mindset of law-making towards the direction that laws must be both manageable and transparent, opening up and mobilizing all resources for national development; eliminating the mindset of banning if you can't manage, and banning if you don't know how to manage.
At the meeting, the Government reviewed and commented on 7 contents including: Draft Law on Organization of the Government (amended); Draft Law on Organization of Local Government (amended); Resolution of the National Assembly on the establishment of a number of ministries of the 15th Government, term 2021 - 2026; Resolution of the National Assembly on the structure of the number of Government members for the 16th National Assembly; Resolution of the National Assembly resolving issues arising in legal provisions related to the arrangement of the apparatus; Law on Promulgation of Legal Documents (amended); Law on Participation in the United Nations Peacekeeping Force.
Regarding the Draft Law on Organization of Local Government (amended), delegates enthusiastically discussed the contents to fully concretize the provisions of the 2013 Constitution and the Party's policies and orientations, promote decentralization between central and local state agencies; organize a streamlined apparatus, operate effectively and efficiently, ensure unity and continuity from the central to the grassroots level, including contents related to the organization of urban government; organization and operation of People's Councils at all levels.
The Prime Minister requested that the content of decrees and circulars not be included in the law, because the National Assembly does not decide on matters under the authority of the Government, and the Government does not decide on matters under the authority of ministries and localities; at the same time, it is necessary to clarify more about the models of urban government, rural government, island government, as well as the authority to issue policies of local governments at all levels.
Regarding the Draft Law on Government Organization (amended), Government members discussed in depth the contents related to the principles of organization and operation of the Government, meeting the requirements of promoting decentralization and delegation of power associated with enhancing responsibility; decentralization, delegation of power, and authorization.
The Prime Minister requested the drafting agency to absorb the opinions of the delegates; at the same time, study and closely follow the provisions of the Constitution to perfect the draft law, especially the contents related to the tasks, powers and responsibilities of the Government, the Prime Minister and other members of the Government; the relationship between the Government, the Prime Minister and other agencies such as the National Assembly, the Central Committee of the Vietnam Fatherland Front, the Supreme People's Court, the Supreme People's Procuracy, etc.
Regarding the National Assembly Resolution to resolve issues arising in legal provisions related to the reorganization of the apparatus, members of the Government said that the reorganization of the apparatus involves many legal documents. Therefore, the delegates proposed that a Resolution be issued to stipulate a number of contents to have a full legal basis for the reorganization of the apparatus, avoid legal gaps and ensure all normal, uninterrupted activities of agencies, organizations, units, people and enterprises after the reorganization of the apparatus.
The Prime Minister requested the presiding agency and relevant ministries and agencies to urgently study and fully absorb opinions to revise and complete the proposal to draft the Resolution; at the same time, continue to complete the procedures and documents in accordance with the provisions of the Law on Promulgation of Legal Documents, and submit them to the Government before January 14, 2025 so that the Government can review and submit them to the National Assembly at the extraordinary session of the 15th National Assembly scheduled for next month.
Urgently request to complete the Resolution so that after the arrangement, the apparatus can operate smoothly, the legal system can be synchronized, covering all aspects. The Prime Minister directed that during the process of building the Resolution, close and regular coordination must be done with relevant National Assembly agencies to ensure progress and quality.
Providing principled opinions and contents of the Law on Promulgation of Legal Documents (amended), the Law on Participation in United Nations Peacekeeping Forces, concluding the meeting, Prime Minister Pham Minh Chinh highly appreciated the efforts of ministries and branches in preparing and submitting the contents, as well as the dedicated, profound, responsible, and practical opinions of Government members; requested the presiding agency to seriously absorb the opinions of Government members; assigned Deputy Prime Ministers in charge of their respective fields to pay attention to and directly direct the completion of the 7 important contents mentioned above.
Informing that at the upcoming extraordinary session of the 15th National Assembly, the Government plans to submit to the National Assembly for approval 4 draft laws and 3 important resolutions, while the time from now until the extraordinary session is very short, the Prime Minister requested ministers and heads of ministerial-level agencies to continue to prioritize time, focus the highest resources, directly lead and direct the completion of draft laws and draft resolutions to submit to the National Assembly in accordance with the provisions of the Law on Promulgation of Legal Documents, ensuring quality and progress as required.
The Prime Minister requested that during the implementation process, close coordination be maintained with the agencies of the National Assembly, creating consensus in the process of examining, explaining, accepting, and revising draft laws and draft resolutions according to the opinions of the National Assembly Standing Committee and National Assembly deputies.
Emphasizing that institutions are "bottlenecks of bottlenecks" and also "breakthroughs of breakthroughs", "the driving force and resource for development", the Prime Minister directed ministers and heads of sectors to directly direct the work of law-making; actively participate in giving opinions on laws developed by other agencies; continue to prioritize leadership, direction, investment of time, effort, human resources, and facilities in institutional work.
The Prime Minister requested to change the mindset of law-making towards the direction that the law must be both manageable and open, open up and mobilize all resources to develop the country; eliminate the mindset of banning if you can't manage it, and managing if you don't know how; what the people and businesses do well, the State will not do; assign a task to only one person, whoever does it best.
The Prime Minister directed to continue reviewing and detecting problems and shortcomings in the system of legal documents; reviewing and resolutely eliminating the request-grant mechanism; preventing corruption, negativity, and group interests in the law-making process; minimizing administrative procedures and compliance costs for people and businesses; applying science and technology, digital transformation, reducing direct contact and transactions, and reducing negativity and petty corruption.
Noting that the Government and ministries and branches focus on state management, building strategies, plans, policies, laws, and building tools to inspect and supervise law enforcement, the Prime Minister requested to promote decentralization, delegation of power, and more delegation of power to all levels, along with resource allocation, power control, and improvement of enforcement capacity at all levels; when assigning tasks, it is necessary to clearly identify people, tasks, progress, products, and responsibilities; the contents of draft laws and resolutions must be concise, easy to understand, clear in meaning, authority, responsibility, easy to understand, easy to inspect, and easy to monitor.
With a lot of work, little time, and high requirements, the Prime Minister pointed out that the drafting agencies should continue to seek opinions from affected subjects, relevant agencies, scientists, experts, and refer to international experience, while doing a good job of policy communication, especially on new and difficult issues; focusing on directing the timely drafting, submission, and promulgation of detailed regulations and promptly implementing guidelines for the implementation of laws and resolutions passed by the National Assembly so that the laws can soon come into effect.
Ministries, sectors and localities continue to review issued laws, especially those that are complicated, outdated or not keeping up with reality, to perfect the legal system, to resolve any problems, to resolve the authority of each level, and to propose to competent authorities if they exceed their authority; to thoroughly grasp the requirements for innovation in the development and promulgation of legal documents, to continue to tighten discipline, order and control power in law-making.
VN (according to VNA)