Nghị quyết 55/2005/NQ-QH11

RESOLUTION

ON RESULTS OF SUPERVISING THE ISSUANCE OF LEGAL DOCUMENTS BY THE GOVERNMENT, THE PRIME MINISTER, MINISTRIES AND ITS EQUIVALENTS, THE PEOPLE’S SUPREME COURT, THE PEOPLE’S SUPREME BOARD OF CONTROL

NATIONAL ASSEMBLY THE SOCIALIST REPUBLIC OF VIETNAM
SESSION XI, THE 8th MEETING

(from 18th October to)

Pursuant to Article 84 in the Constitution of the Socialist Republic of Vietnam in the year 1992 which was revised under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10 dated December 25th 2001 by the National Assembly at its 10th session of the 10th meeting;
Pursuant to the Laws on the National Assembly’s supervision;
On considering reports by the Government, the People’s Supreme Court, the People’s Board of Control and the National Assembly’s Standing Committee on the issuance of legal documents by the Government, the Prime Minister, Ministries and its equivalents, the People’s Supreme Court, the People’s Board of Control and comments from the National Assembly members;

DECIDES:

1. The National Assembly approves the report by its Standing Committee assessing the achievements, shortcomings, reasons and main solutions to improving the quality of issued legal documents by the Government, the Prime Minister, Ministries and its equivalents, the People’s Supreme Court, the People’s Supreme Board of Control providing concrete guidance on the implementation of laws, decrees and resolutions by the National Assembly and its Standing Committee.

In the past years, the Government, the Prime Minister, Ministries and its equivalents, the People’s Supreme Court, the People’s Supreme Board of Control have done their best to carry out their task of issuing documents to guide the implementation of laws, decrees and resolutions. There have been achievements in the progress rate as well as the implementation of regulations on the jurisdiction, process and formalities of issuing legal documents; the scope of the legal documents are basically in accordance with Vietnam’s Constitution, laws, decrees, resolutions, making an important contribution to the institutionalization of the Communist Party’s policies in every socio-economic field, building up a more and more updated legal system, meeting the requirements of state administration by laws.

However, the issuance of legal documents guiding the implementation of laws, decrees and resolutions is generally slow, in some cases, too slow, not meeting the requirements of implementation right after the laws came into effect. The consideration in some cases is still of bad quality and in the absence of consistent cooperation among ministries and industries; some documents do not go into details and conform to other laws, decrees, resolutions or some might be overlapping and contradicting.

The National Assembly put stress on some of the following reasons which led to shortcomings in the issuance of legal documents:

Firstly, leaders of some agencies responsible for drafting legal documents are not fully aware of their tasks of developing the documents; they do not consider the task one of the main part in the state administration activities, one basic function of national agencies; therefore they pay inadequate attention and spend not enough time on fulfilling the task. The issuance, is therefore often outdated, some draft legal documents do not meet the demands. The collaboration among relevant agencies in issuing the legal documents, especially joint ministerial ones, lacks synchronism and practicality. The seeing to violations in issuing legal documents guiding the implementation of laws, decrees and resolutions is still poor;

Secondly, some laws, decrees and resolutions lack details, for example they only cover general stipulations; they do not define clearly specific points which need guiding for implementation or the number of documents, or which agency to be in charge of drafting, the exact time for issuing … this causes difficulties to agencies responsible for issuing these documents with specific guidance on implementation;

Thirdly, the group of officers giving advice, studying and drafting legal documents in competent agencies is still limited in the number and poor in the quality. Some leaders of the agencies take the initiative to create favorable conditions for their own area of state administration;

Forthly, not much investment was paid to the issuance of legal documents; the requirements of the work have not been met;

Fifthly, the Ethnic Group’s Council and the National Assembly’s Committees do not pay proper attention to the supervision of issuing legal documents within their control.

2. In order to upgrade the quality of legal documents, the National Assembly has asked its Standing Committee, the Government, the Prime Minister, Ministries and its equivalents, the People’s Supreme Court, and the People’s Supreme Board of Control to follow the below mentioned solutions:

a) More attention and responsibilities should be given to the steering and developing the legal documents with detailed guidance; hastening the process of developing and issuing legal documents guiding the implementation of laws, decrees and resolutions; upgrading the quality of the Ministry of Justice’s examining and approving and that of the Government Office’s verification of the draft legal documents. The government, Ministries and its equivalents, the People’s Supreme Court, the People’s Supreme Board of Control are in constant charge of the drafting and issuing of legal documents to timely discover and solve problems in the field. In the short term, we should revise all legal documents and see to those having problems with the content, the form, the issuing competence and reporting results to the National Assembly and the National Assembly’s Standing Committee. At the same time, in the annual report to the National Assembly, the government, the People’s Supreme Court, the People’s Supreme Board of Control, it should be added one part for evaluation and review of the issuing legal documents within each agency’s control;

b) The agency which submit the plan need to give advice to the Drafting Committee timely; studying, drafting the laws, decrees with specific stipulations for the practical use after issuing them, trying to avoid the issuance of too many guiding documents for their implementation; attaching the guiding documents as defined in the regulations when submitting the draft ones to the National Assembly, the National Assembly’s Standing Committee for the adoption. In the laws and decrees it should be clearly defined the clause and provisions on the dates to issue guiding documents, on the issuing agencies, the forms of those documents and the time limit for the issuance as stipulated in Article 7 of the Laws on issuing the legal documents;

c) Attention should be paid to the strengthening of the officers in charge of developing legal documents in both the quantity and quality of them; promoting a mobilization mechanism to encourage the activie participaton of all experts, scientists into drafting the legal documents; continuing updating the partern of collaboration between the main drafting agencies and their coordinators; for laws and decrees after being applied in the real life need to be clarified more, agencies must send proposals in the writing form with clear explanation to the National Assembly’s Steering Committee for their consideration and decision; these agencies should also make timely preparations for the laws that they are in charge of;

d) The government issue and well manage the implementation of the legal documents on the process of drafting, considering and adopting of the documents providing concrete guidance on the performance of laws, decrees and resolutions under the supervision of the Government, Ministries and its equivalents;

d) Annually the government estimates one specific sum of money suitable for the development of the laws, decrees, resolutions and documents to guide their implementation for the approval by the National Assembly.

3. The Government, the Prime Minister, Minister and leaders of equivalent organizations, president of the People’s Supreme Court, and director of the People’s Supreme Board of Control give advice and steer the implementation of this resolution in their capacity.

4. The National Assembly’s Standing Committee, the Ethnic groups’ Council, and committees of the National Assembly, members of the National Assembly must supervise the implementation of this resolution; if those documents guiding the implementation of the laws, decrees and resolutions with signs showing that the legal system is not constitutional, lawful, and united are discovered, they should be supervised under stipulations of the Laws on Supervision and Reporting of the National Assembly.

This resolution was adopted at the 8th session of the Meeting XI of the National Assembly of the Socialist Republic of Vietnam on November 29th 2005.