Research on amending the Government's working regulations in Decree 39/2022/ND-CP in Vietnam

Research on amending the Government's working regulations in Decree 39/2022/ND-CP in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On August 14, 2023, the Government of Vietnam issued Resolution 126/NQ-CP on a number of solutions to improve the quality of construction and the improvement of the legal system and law enforcement organizations in order to prevent corruption, group interests, and local interests.

To study on amending the Government's working regulations under Decree 39/2022/ND-CP in Vietnam

The Government requested the Minister and the Chairman of the Government Office to strengthen direction and focus resources on well-implementing the following contents:

- Study and amend the Government's working regulations promulgated together with Decree 39/2022/ND-CP, which clarifies the responsibilities of the head, the responsibilities of agencies, units, and individuals in handling draft legislative documents and projects, documents, reports, other proposals submitted to the Government or the Prime Minister; appropriate decentralization and decentralization; taking measures to deal with cases of non-compliance with regulations of the Regulation to ensure the progress of document promulgation.

- Strengthen the inspection of project files and documents and draft legislative documents submitted to the Government and Prime Minister to ensure compliance with the provisions of the law. Speed up the implementation of procedures for submitting and reporting to the Government and the Prime Minister for projects and draft legislative documents.

- Advise and assist the Government in the preparation of the Government's Resolutions guiding policies in the proposals for the development of legislative documents, projects, and draft legislative documents at meetings in the direction of clearly guiding policies and contents to be adjusted and absorbed for the implementation of ministries and ministerial-level agencies.

To focus on researching and proposing ways to improve the institution through the promulgation of legislative documents in Vietnam

According to Resolution 126/NQ-CP, the Government requested the Minister of Justice to focus on researching and proposing ways to improve the institution of the promulgation of legislative documents, ensuring the association of law-making with law enforcement, and improving the effectiveness of law regulation.

At the same time, continue to further improve the quality of appraisal of proposals for the formulation of documents, projects, and draft legislative documents; concentrate resources to ensure progress, quality, and the appraisal process; Appraisal comments must be clear and specific, confirming that the project or draft is eligible or not for submission to the Government or the Prime Minister.

In addition, the focus is on implementing the following contents:

- Strengthen inspection, urge, guide, and answer problems related to the implementation of the Law on Promulgation of legislative documents and documents detailing and guiding the implementation; strengthen the organization of training, training and retraining to improve professional skills for staff engaged in law and legal development.

- Improve the quality of consulting work on the formulation of the Government's Law and Ordinance Development Program, resolutely not including in the Program the projects and drafts that do not have adequate documents or fail to ensure quality; limit the delay or withdrawal of law and ordinance projects; promptly propose the Government and the Prime Minister to handle cases that fail to ensure progress and quality.

- Coordinate with agencies assigned to preside over research to renew and perfect the law-making process, ensuring professionalism, science, timeliness, feasibility, and efficiency.

- Coordinate with ministries and ministerial-level agencies to advise the Government to soon issue a Decree amending and supplementing a number of articles of Decree 55/2011/ND-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal organizations to meet the requirements and tasks of law formulation and completion and law enforcement organization.

More details can be found in Resolution 126/NQ-CP, dated August 14, 2023.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE