Resolution No. 55/2005/QH11 on the results of monitoring the issuance of regulatory legal documents by the Government, the Prime Minister, Ministries, agencies at the ministerial level, the Supreme People's Court, and the Supreme People's Procuracy.

RESOLUTION

On the results of supervision over the issuance of regulatory legal documents by the GovernmentProvincial People's Committee, the Prime Minister, Ministries, agencies at the ministerial level, Supreme People's Court, Supreme People's Procuracy Supreme People's Procuratorate

 OF THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM

SESSION XI, EIGHTH MEETING
(From October 18, 2005 to November 29, 2005)

Pursuant to Article 84 of the Constitution of the Socialist Republic of Vietnam promulgated in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th National Assembly, 10th session;

Pursuant to the Law on the Supervisory Activities of the National Assembly;

Based on the reports of the Government, the Supreme People's Court, the Supreme People's Procuracy, and the Report of the Standing Committee of the National Assembly on the issuance of regulatory legal documents by the Government, the Prime Minister, Ministries, agencies at the ministerial level, the Supreme People's Court, the Supreme People's Procuracy, and the opinions of the National Assembly deputies,

RESOLUTION:

1. The National Assembly agrees with the report of the Standing Committee of the National Assembly on the achievements made, shortcomings, causes, and some key solutions to improve the quality of the issuance of regulatory documents by the Government, the Prime Minister, Ministries, agencies at the ministerial level, the Supreme People's Court, the Supreme People's Procuracy detailing and guiding the implementation of laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly.

In recent years, the Government, the Prime Minister, Ministries, agencies at the ministerial level, the Supreme People's Court, the Supreme People's Procuracy have made many efforts in performing the task of issuing detailed regulations and guidance for the implementation of laws, ordinances, and resolutions. Ensuring progress and implementing provisions regarding authority, procedures, and processes for issuing documents has made significant improvements; the contents of these documents generally comply with the provisions of the Constitution, laws, ordinances, and resolutions, contributing importantly to continuing to institutionalize the Party's policies in various fields of economic and social life, making the legal system increasingly complete and comprehensive, meeting the requirements of state management and social management by law.

However, the issuance of regulatory legal documents to detail and guide the implementation of laws, ordinances, and resolutions is generally slow, with some cases being excessively slow, failing to meet the requirement of immediate implementation after the laws, ordinances, and resolutions come into effect. The work of reviewing has sometimes been formalistic, with low quality, lacking consistent coordination among ministries and sectors; some documents lack sufficient detail, are inconsistent with the provisions of laws, ordinances, and resolutions, or overlap and contradict each other. The inspection of documents suspected of violating the law has not been conducted regularly and promptly addressed.

The National Assembly emphasizes the following main reasons for the shortcomings and deficiencies in the issuance of regulatory legal documents:

First, the leadership of some agencies tasked with drafting draft legal documents has not fully recognized and given due attention to the task of building regulatory legal documents as one of the main activities of state administration and a basic function of state agencies, thus not adequately investing time and effort into this task. As a result, issuance is often untimely, and some draft documents do not meet the required standards. Coordination between relevant agencies in issuing regulatory legal documents, especially inter-sectoral documents, is not tight, lacks synchronization, and remains formalistic. Handling violations in the issuance of detailed regulations and guidance for the implementation of laws, ordinances, and resolutions is inadequate;

Second, in some laws, ordinances, and resolutions, many provisions are still vague and general, stopping at general principles without clearly specifying the specific contents that need to be guided or the number of documents, the responsible agency for drafting, and the deadline for issuance, thereby causing difficulties for the agencies tasked with issuing detailed regulations and guidance;

Third, generally, the cadre and civil servants involved in advising, researching, and drafting regulatory legal documents in competent agencies are insufficient in number and weak in quality. Some leaders of agencies primarily responsible for drafting regulatory legal documents exhibit parochialism, formulating provisions that facilitate the activities of their own ministries, sectors, or areas of management;

Fourth, there has been inadequate investment in funds for the issuance of regulatory legal documents, failing to timely and sufficiently meet the requirements of issuing such documents;

Fifth, the National Ethnic Council, Committees of the National Assembly, and National Assembly deputies have not given adequate attention to supervising the issuance of regulatory legal documents within their respective areas of responsibility.

2. To improve the quality of regulatory legal documents, the National Assembly requests the Standing Committee of the National Assembly, the Government, the Prime Minister, Ministries, agencies at the ministerial level, the Supreme People's Court, the Supreme People's Procuracy to implement the following measures effectively:

a) Emphasize responsibility in directing and organizing the implementation of legislative work for laws, ordinances, resolutions, and detailed regulations and guidance on their enforcement; accelerate the drafting and promulgation of guiding documents for laws, ordinances, and resolutions; improve the quality of the review work by the Ministry of Justice and the scrutiny work by the Government Office for draft normative legal documents. The Government, Ministries, agencies at the ministerial level, the Supreme People's Court, and the Supreme People's Procuracy shall regularly inspect the drafting and promulgation of normative legal documents to promptly identify and address any issues and difficulties in this work. In the short term, it is necessary to organize reviews and immediately handle normative legal documents that violate content, form, issuing authority, and report the results to the National Assembly and the Standing Committee of the National Assembly. At the same time, in annual reports to the National Assembly, the Government, the Supreme People's Court, and the Supreme People's Procuracy must include content evaluating and reviewing the issuance of normative legal documents within their responsibilities.

b) The agency submitting the project shall direct the drafting team to ensure the progress of project preparation; study and draft specific draft laws and ordinances that can be implemented immediately upon promulgation, minimizing the need for additional guiding documents; comply with regulations when submitting draft laws, ordinances, and resolutions to the National Assembly and the Standing Committee of the National Assembly for approval, including all draft guiding documents. Clearly stipulate in the law or ordinance which articles, clauses, and points require guiding documents, the issuing authority, the form of the document, and the deadline for issuance according to Article 7 of the Law on Issuing Normative Legal Documents.

c) Pay attention to building a cadre of staff working on normative legal document construction both in quantity and quality; establish mechanisms to actively involve experts and scientists in the drafting of normative legal documents; continue to innovate cooperation methods among relevant agencies in legislative work; clearly define the responsibilities and coordination relationships between the main drafting agency and participating agencies; for laws and ordinances that require clarification based on practical application, the agencies must prepare specific requests for explanatory documents and submit them to the Standing Committee of the National Assembly for consideration and decision; timely and effectively prepare draft laws and ordinances assigned.

d) The Government shall issue and implement well the normative legal documents regarding the drafting, review, and approval process for detailed regulations and guidance on enforcing laws, ordinances, and resolutions within its authority, that of Ministries, and agencies at the ministerial level.

e) Annually, the Government shall budget a reasonable amount of funds for the construction of laws, ordinances, and resolutions and detailed regulations and guidance on their enforcement, to be decided by the National Assembly.

3. The Government, the Prime Minister, Ministers, Heads of agencies at the ministerial level, the President of the Supreme People's Court, and the Prosecutor General, within their respective duties and authorities, shall direct and organize the implementation of this Resolution.

4. The Standing Committee of the National Assembly, the National Ethnic Council, Committees of the National Assembly, and National Assembly deputies shall supervise the implementation of this Resolution; for guiding documents for laws, ordinances, and resolutions that show signs of being unconstitutional, illegal, and failing to ensure the consistency of the legal system, they shall conduct supervision according to the provisions of the Law on the Supervisory Activities of the National Assembly and report to the National Assembly.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, eighth meeting, on November 29, 2005.