Resolutions 55/2005/qh11: Monitoring Results Of Issuing Legal Documents Of The Government, The Prime Minister, Ministries, Ministerial Agencies, The Supreme People's Court, People's Procuratorate Factor ...

Original Language Title: Nghị quyết 55/2005/QH11: Về kết quả giám sát việc ban hành văn bản quy phạm pháp luật của Chính phủ, Thủ tướng Chính phủ, Bộ, cơ quan ngang Bộ, Tòa án nhân dân tối cao, Viện Kiểm sát nhân dân tố...

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The RESOLUTION of the National Assembly on the results of monitoring the legal text of the Prime Minister, Government, ministries, ministerial agencies, the Supreme People's Court, the Supreme People's Procuratorate the NATIONAL ASSEMBLY of the SOCIALIST REPUBLIC of VIETNAM, pursuant to article 84 of the Constitution of the Socialist Republic of Vietnam in 1992 has been modified additional, according to the resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
Pursuant to the law on the monitoring activities of the National Assembly;
On the basis of consideration of the reports of the Government, the Supreme People's Court, the Supreme People's Procuratorate and the Standing Committee's report to Congress regarding the issuance of legal documents of the Government, the Prime Minister, ministries, ministerial agencies, the Supreme People's Court , The Supreme People's Procuratorate and the opinions of the deputies, PARLIAMENT: 1. The National Assembly endorsed the report of the Standing Committee of the National Assembly on reviews the results achieved, the limitations, weaknesses, causes and some solutions to enhance the quality of the text issued by the Government , The Prime Minister, ministries, ministerial agencies, the Supreme People's Court, the Supreme People's Procuracy detailing and guiding the implementation of laws, ordinances, and resolutions of the Assembly, the Standing Committee of the National Assembly.
Over the years, the Government, the Prime Minister, ministries, ministerial agencies, the Supreme People's Court, the Supreme People's Procuratorate had more tries in performing the task of issuing documents detailing and guiding the implementation of laws, ordinances, and resolutions. Ensuring the progress as well as the implementation of the provisions on jurisdiction, the order and procedure of issuing documents had much progress; the content of the text basically consistent with the provisions of the Constitution, laws, ordinances, resolutions, contributing to further institutionalize the party's policies on areas of socio-economic life, making the legal system more complete, more fully , meet the requirements of governance, social management by law.
However, the legal text to detailing and guiding the implementation of laws and ordinances, resolutions are generally slow, not least the case too slowly, not to meet the requirements for implementation immediately after the law, ordinances and resolutions into effect. The assessment cases of longer forms, yet higher quality, yet have the coordination between the ministries; some text missing content details, yet consistent with the provisions of laws and ordinances, resolutions or overlap, contradictions. Checking the text signs violate the law have yet to be conducted regularly and timely processing.
The Congress stressed some of the causes are mainly of the limitations, weaknesses in issuing legal documents: first, a leader of the Agency was tasked with drafting the draft law text is not yet fully aware of and interested in properly to the task of building the legal text as one of the principal activities of the management of the State, is the basic function of State agencies, should not invest the appropriate time and effort for the implementation of this task. Therefore, the enactment is often not timely, some draft text does not meet the requirements. The coordination between the authorities in issuing the legal text, the interdisciplinary text not yet closely, missing sync and longer form. The handling of violations in issuing documents detailing and guiding the implementation of laws and ordinances, resolutions are not good;
Second, in some laws, ordinances, resolutions, many missing details regulations, specifically, the new stop in the General principles, have yet to clearly define the specific content need guidance as well as enforcement has not yet specified the amount of text, the agency responsible for drafting, enacting time limit should made it difficult for the Agency to be charged with issuing the text specified enforcement guidelines;
Third, overall staff, staff, research, drafting legal documents at the competent agencies also lack in quantity, weak in quality. Some leaders of the Agency chaired drafting legal texts there are local manifestations has taken the provisions facilitate the activities of the ministries or its management areas;
On Wednesday, yet the investment cost for issuing legal documents; yet to respond promptly and in full the requirements of issuing the legal text;
On Thursday, the Council of the nation, the committees of Parliament and deputies have not cared properly to supervise the operations issued legal documents in the field by themselves in charge.
2. To enhance the quality of legal texts, Parliament requested the Commission of the National Assembly, the Government, the Prime Minister, ministries, ministerial agencies, the Supreme People's Court, the Supreme People's Procuratorate made good some of the following solutions: a) high responsibility in directing oversee the Organization, building laws and ordinances, resolutions and documents detailing and guiding the implementation; speeding up the drafting and issuing of the documents guiding the implementation of the laws, ordinances, and resolutions; improving the quality of the work of the Department of Justice's evaluation and assessment work of the Government offices for the draft legal text. The Government, ministries, ministerial agencies, the Supreme People's Court, the Supreme People's Procuracy check regularly the drafting, promulgation of legal texts to timely detect and handle these problems exist in this work. The immediate needs of your organization, handling the legal text in breach of the content, the form, the authority issued and report the results to Parliament, the Standing Committee of the National Assembly. At the same time, in the annual work report before the National Assembly, the Government, the Supreme People's Court, the Supreme People's Procuracy need additional content reviews, check out the point of issuing legal documents belonging to his responsibility;
b the Agency needs projects) directs the drafting Committee ensures the progress of preparation of projects; research, drafting the draft law, the Ordinance specifies to when issued can be enforced immediately, limiting maximum work to enact several guidance documents; done properly when the Rules Committee of the National Assembly, the National Assembly passed the draft law, ordinances, resolutions must be accompanied by the full text of draft guidelines for implementing. Clearly specified in laws and ordinances, things account, point to the text issued guidelines, the Agency issued, this form of writing and the time limit issued in accordance with the provisions of article 7 of the law on issuing legal documents;
c) interested staff doing building construction legal texts both in quantity and quality; construction of the mechanism to mobilize the active participation of the experts, scientists on the draft legal text; continue to innovate the way coordination between authorities in the formulation of laws; clearly define responsibilities and coordinating relationship between the Agency chaired drafting and the agencies involved; with respect to the laws and ordinances through practical application of content needed explaining, then the Agency must have written recommendations and to prepare the draft text explains the National Committee to review the decision; timely preparation of quality projects, laws and ordinances have been assigned;

d) issued Government and organizations make good legal text about the drafting process, evaluation and through text detailing and guiding the implementation of laws, ordinances, and resolutions under the authority of the Government, ministries, ministerial agencies;
DD) every year, the Government estimates a reasonable budget accounts for the building laws and ordinances, resolutions and documents detailing, guiding the implementation process of the Congress decision.
3. The Government, the Prime Minister, Ministers, heads of ministerial agencies, Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate in the scope of its powers, duties and organization of the implementation of this resolution.
4. the Standing Committee of the National Assembly, the Council of the nation, the committees of the Parliament, deputies to supervise the implementation of this resolution; for those guidance documents law, Ordinance, resolution of the signs is not constitutional, lawful and does not guarantee the uniformity of the legal system has been detected, the monitoring conducted under the provisions of the law on the monitoring activities of the Congress and the Congress report./.
This resolution was the National Assembly of the Socialist Republic of Vietnam tags XI, session 8 through November 29, 2005.

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