Monday, July 23 2018


Flawed legal documents prompt call for State monitoring system

Update: December, 13/2012 - 10:31

Do Van Duong, a member of the National Assembly's Judiciary Committee, spoke to Nguoi Lao dong (Labourer) about the issuing of legal documents by some agencies.

Many people have complained about having to place parents' names on their identification cards - and the fines levied on motorbike riders if they fail to carry certification that the motorbike is theirs. What do you think?

One of the State's power management activities is to control the issuing of legal documents. During my land inspection visits to various localities, I found that the land-limits for many households were either too big or too small, violating the land law.

This is the root cause for petitions and denunciations lodged by farmers, which now account for more than 60 per cent of the nation's total. In addition, it has been found that in some localities, legal documents issued by provincial authorities relating to land revocation, land compensation or land for resettlement are not in alignment with Government.

Do you think this has been caused by lack of a monitoring system?

I'm afraid to say that the wanton issuing of legal documents by some agencies has raised alarm and demands that the system be monitored and that documents are overseen. If any problems are detected or suspected, corrective actions must be taken immediately.

Before 2003, the inspectorate sector did a good job on State management, land management - and import and export activities. While performing the assignment, the inspectors detected many violations by Government agencies at different levels.

At present, the Legal Document Examination department at the Ministry of Justice has been assigned to do the job. Yet, its task only relates to administrative functions of a number of Government agencies due to the shortage of staff.

Do you mean, the Supreme People's Inspectorate (SPP) should also be involved in screening the issuing of legal documents?

Yes. As the SPP is an independent agency established by the National Assembly and it operates independently from the Government. Furthermore, it has a nation-wide system, from central down to provincial levels and more than 50 years' experience.

In addition, I also propose that the SPP be invested with power to handle administrative violations - a weak spot that has so far been neglected.

Will you please further elaborate on the weak spot?

A case in point here is the issuing of Decree 71. In it, the issuing agency outlines citizens' rights in connection with traffic violations. Furthermore, when a legal document is issued, it needs some transitional time just like a machine needs a test run. In other words, it needs some time for people to adjust before the law comes into force.

Take the case of motorbike ownership. This is a civil right. In a family, the husband rides his wife's motorbike or their child rides his/her father's bike. It's better than each family member own his/her own bike. — VNS

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