Thursday, October 29 2020


Overlaps and contradictions in legal documents impacts system of laws: minister

Update: September, 17/2020 - 20:05


Minister of Justice Lê Thành Long delivers the report on the results of reviewing legal normative documents at the 48th session of the National Assembly Standing Committee held yesterday. Photo

HÀ NỘI — The current legal system remains cumbersome and complicated with a large number of sub-legal documents. Some are overlapping and contradictory, affecting the feasibility and stability of the legal system, Minister of Justice Lê Thành Long has said.

At the 48th session of the National Assembly Standing Committee held yesterday, Long spoke about the Government’s report on the results of reviewing legal normative documents.

The report showed that the total number of documents reviewed by the Government, ministries, and ministerial-level agencies was more than 8,770.

These legal normative documents were issued until June 30, 2020 and are still in effect. After reviewing all the legal documents, many specified contents have been found to be contradictory, overlapping or inadequate.

These documents mainly focused on ten areas that had a direct impact on production and business, such as conditions for market entry; management organisation and operation of enterprises; regulations on approval, implementation, and termination of investment projects; financial regulations on tax, management and use of State capital to invest in production and business in enterprises, and the equitisation of State-owned enterprises; regulations on land, natural resources, environment, construction and real estate business; and regulations on labour, employment and social security.

There were regulations on contracts, settlement of disputes, and corporate bankruptcy; regulations on specialised examination; regulations on judicial support and access to the law of enterprises; regulations on the requirements of the Fourth Industrial Revolution; and regulations on assignment, decentralisation, and authorisation in the state management of economics.

Long said the review showed that the legal system was still cumbersome and complicated with a large number of sub-legal documents, especially documents from ministries and ministerial-level agencies.

Some regulations were overlapping and contradictory while others led to inconsistent understanding and implementation, he said.

Regarding the results of building and promulgating detailed regulations, since August, the Government, the Prime Minister and ministries have been developing and issuing 103 documents guiding the implementation of effective laws, ordinances and resolutions.

Currently, 71 documents have been issued. There are 32 documents waiting to be issued.

Chairman of the NA Law Committee Hoàng Thanh Tùng said that the implementation of the constitution, laws and ordinances achieved many positive results.

Since the 8th session, the National Assembly has passed 32 laws and resolutions, including 26 draft laws and resolutions submitted by the Government.

However, there are 18 law projects on the list that need to be promulgated and have no specific implementation plan. Of those, 16 were assigned to the Government.

The delay in detailed regulations for legal projects has lasted many years.

Therefore, the National Assembly suggested the Government pay attention and develop more effective solutions to overcome this situation.

Tùng asked the Government to complete the reports and propose them to the National Assembly at the upcoming 10th session. — VNS


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