Nội dung toàn văn Nghị quyết 16/NQ-CP 2023 phiên họp chuyên đề xây dựng pháp luật tháng 01
SOCIALIST REPUBLIC OF VIETNAM
Hanoi, February 9, 2023
THEMATIC SESSION ON LEGISLATION DRAFTING IN JANUARY 2023
Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments and Supplements to certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Government’s Decree No. 39/2022/ND-CP dated June 18, 2022, issuing the Government’s Working Regulations;
According to the discussions of the Cabinet members and the conclusion of the Prime Minister in the Thematic Session on legislation drafting, held on February 2, 2023,
The Government is highly appreciating efforts and hard work of ministries, ministerial-level agencies and governmental bodies in basically completing the 2022 Law and Ordinance Formulation Program; projects for making laws, ordinances and draft Resolutions that have been submitted to the National Assembly to seek its approval on time and in a way that their quality is improved; they succeed in actualizing the CPV's guidelines and policies, the Constitution, conclusions of the Politburo, the CPV’s Secretariat, and instructions of the Government and the Prime Minister and agree with international commitments; in staying closely connected to reality, removing difficulties and issues relating to regulatory mechanisms and policies as well as responding to new challenges, forming a legal basis for socio-economic development and serving the purposes of national defense, security, protection of human rights and lawful property rights of persons and entities, and improving the effectiveness and efficiency of state management tasks.
The Government is adopting the resolution on the specific subjects as follows:
1. In reference to the Government's Proposal for the 2024 Law and Ordinance Formulation Program, and modification of the 2023 Law and Ordinance Formulation Program
a) The Government has basically approved the Government's Proposal for the 2024 Law and Ordinance Formulation Program; modification of the 2023 Law and Ordinance Formulation Program (hereinafter referred to as Program) integrated into the Report No. 02/TTr-BTP dated January 18, 2023, and submitted to the Government by the Ministry of Justice;
b) The Government has agreed to change the deadlines for submission of a number of draft Laws as follows:
- Law on Notaries (amended); Law on Geology and Minerals; Law on Urban and Rural Planning: Including these 03 draft Laws in the 2024 Program; submitting them to the National Assembly for its comments in the 7th Session (taking place in May 2024) and its approval in the 8th Session (taking place in October/2024) with a view to providing adequate resources needed for program implementation, maintaining the expected quality of and achieving the satisfactory progress in drafting of these Laws, as well as balancing the workload of the 2023 Program and that of the 2024 Program.
- Law on Population (amended): Including this draft Law in the 2024 Program; submitting it to the National Assembly for its comments in the 8th Session (taking place in October 2024) and its approval in the 9th Session (taking place in May 2025) with a view to ensuring the overlap between the 2024 Program and the 2025 Program.
c) The Government gives Ministers and Heads of ministerial-level agencies the following assignments:
- Increase the task of leading researches, reviewing and preparing proposal dossiers for law formulation in accordance with the Law on Promulgation of Legal Documents, the Plan No. 81/KH-UBTVQH15 dated November 5, 2021 of the National Assembly’s Standing Committee and the Decision No. 2114/QD-TTg dated December 16, 2021 of the Prime Minister, implementing the Conclusion No. 19-KL/TW regarding the orientation of the Law-making Program in the 15th National Assembly's tenure, and sending them to the Ministry of Justice to integrate them into the final report to the Government to seek its decision.
- Minister of Health, Minister of Industry and Trade and Minister of Finance shall be assigned to instruct their relevant units and staff members to speed up studying, accepting and responding to comments of the National Assembly’s Standing Committee and Committees of the National Assembly on proposals for formulation of the Law on Health Insurance (amended), Law on Industry Development, Law on Management and Use of State Capital Invested in Production and Business at Enterprises (amended); continue to review practical situations, clearly define the necessity and scope of modification, supplementation or promulgation of these draft Laws, and report to the Government to seek its decision.
- Regarding the Proposal for formulation of the Law on amendments and supplements to a number of Articles of the Law on Guards and the Proposal for formulation of the Law on Employment (amended), the Ministry of Public Security, the Ministry of Labor, War Invalids and Social Affairs shall promptly survey Cabinet members in the Thematic Session on Legislation Drafting in January 2023, finalize the proposal dossier for formulation of Laws, and send it to the Ministry of Justice for integration into the Program.
- Regarding the Proposal for formulation of Law on Capital (amended), Law on People's Air Defense, and Law on Amendments and Supplements to a number of Articles of Law on Property Auction to be commented upon by the Government in the Thematic Session on Legislation Drafting in February 2023, after the Government gives its comments, the Ministry of National Defence and the Ministry of Justice shall promptly accept opinions from Cabinet members, and finalize the proposal dossier for formulation of Laws for integration into the Program.
- The Ministry of Public Security shall preside over, and cooperate with the Ministry of Justice and relevant agencies in, preparing the proposal dossier for formulation of the Law on Amendments and Supplements to a number of Articles of the Law on Citizens' Exit and Entry in accordance with the Law on Promulgation of Legal Documents for submission to the Government for its comments; sending it to the Ministry of Justice for its integration into the Law and Ordinance Formulation Program; submitting that Program to the National Assembly for its comments and approval in a meeting session (the 6th Session taking place in October 2023).
- The Ministry of Justice shall preside over and cooperate with relevant ministries and agencies in studying and accepting Cabinet members' opinions, and revising and finalizing the Government's proposal for the 2024 Law and Ordinance Formulation Program, and modifying the 2023 Program. The Minister of Justice shall be assigned to act on behalf of the Prime Minister and the Government to sign the Transmittal Document on the Government's Proposal mentioned above, and submit it to the National Assembly and the National Assembly’s Standing Committee as required by law.
2. In reference to Law on Water Resource (amended)
The Government is highly appreciating serious and active preparations made by the Ministry of Natural Resources and Environment for completion of the dossier of the draft Law on Water Resources (amended) in accordance with the provisions of the Law on Promulgation of Legal Documents.
The Government confirms the necessity of drafting the Law on Water Resources (amended) in order to fully institutionalize the guidelines of the CPV and the State in the expectation of comprehensively amending the 2012 Law on Water Resources to perfect legal documents on water resources on water resources, meeting the requirements for effective and sustainable management of water resources; radically handle issues and problems caused by regulations in force; ensure the unity and convergence of legal documents in the legal system and the consistency of legal documents with Vietnam's multilateral and bilateral commitments.
On the basis of the careful review and assessment of the implementation of the 2012 Law on Water Resources aimed at clearly identifying achievements, issues, problems, lessons and response policies, the Ministry of Natural Resources and Environment should select matters that have been ripe, clear, and practically proven to be effective for continued implementation; make changes to respond to problems, issues and encumbrances arising in the real situations; include those that have not yet been covered under any regulation in the Law.
Regulatory policies contained in this draft Law should focus on improvement of the decentralization of power, allocation of resources and increase in the accountability of the heads, and availability of more tools for inspection, supervision and handling of violations. In addition, the Law should set forth specific and complete regulations on the responsibilities of relevant ministries, agencies and organizations with the aim of ensuring consistency, avoidance of overlaps and omissions, strengthening cooperation and reform of administrative procedures to improve effectiveness and efficiency of state management. Attention should be paid to regulatory policies on protection of domestic water supply facilities; protection and management of water sources, natural flows, safety for reservoirs, dams, etc. together with policies on environmental protection and development of appropriate modes of transport for economic development. It is necessary to adopt financial mechanisms, tax, price and fee policies which are consistent and effective in the long run; conform to the principles of the market economy; are in sync with other policies on water resource management.
In the process of drafting the Law, the Ministry of Natural Resources and Environment should proactively hold consultations with or conduct surveys in an appropriate and effective form to collect opinions from affected subjects, businesses, scientists and other relevant agencies, local authorities and organizations, and boost dissemination of policies for the purpose of achieving the consensus among them.
The Ministry of Natural Resources and Environment shall promptly study, accept and respond to all of the opinions from Cabinet members and conclusions of the Government in order to complete the dossier on this draft Law. The Deputy Prime Minister Tran Hong Ha shall be vested with authority to take control of completing this draft Law for submission to the National Assembly for its comments in the 5th Session and its approval in the 6th Session in 2023.
3. In reference to the Proposal for formulation of the Law on Amendments and Supplements to certain Articles of the Law on Guards
The Government is highly appreciating the Ministry of Public Security for its role in control over the formulation of the Law on Amendments and Supplements to certain Articles of the Law on Guards in accordance with regulations with the aim of institutionalizing CPV’s views and policies1 on formulation and perfection of the legal system pertaining to guards.
In order to finalize policies, it is necessary to conduct a thorough, scientific and legitimate impact assessment; make those matters that have been carefully evaluated and reviewed become law; minimize issues and problems arising from the regulations in force; further decentralize and delegate authority, strengthen inspection and supervision; ensure that these policies are feasible and suitable for practical conditions and the process of integration and expansion of international exchanges and cooperation; continue to conduct study into the decentralization of powers to ensure powers are decentralized in a clear and specific manner; address issues and problems existing in current regulations; ensure the uniformity, consistency, transparency and feasibility of the legal system.
The Ministry of Public Security shall promptly play its leading role and cooperate with the Ministry of Justice, the Government Office and relevant agencies in conducting surveys to collect opinions from the Cabinet members; completing the proposal dossier for formulation of the Law in accordance with the provisions of the Law on Promulgation of Legal Documents, and sending it to the Ministry of Justice for its integration into the Law and Ordinance Formulation Program for submission to the National Assembly for its comments and approval in a session (6th Session taking place in October 2023).
4. In reference to the proposal for formulation of the Law on Employment (amended)
The Government has confirmed the necessity of putting forward the proposal for formulation of the Law on Employment to more specifically institutionalize the guidelines and policies of CPV and the State on human resource development, job creation, and support for labor market development, and reform of regulatory policies on unemployment insurance with the aim of making them aligned with conditions and requirements in the new era, ensuring uniformity and consistency with the provisions of relevant laws, as well as striving to effectively solve practical problems.
On the basis of reviewing the implementation of the regulatory provisions of the law in the field of employment, the Ministry of Labour, Invalids and Social Affairs should evaluate and study achievements, issues, problems, causes in a more comprehensive and careful manner, and make a full analysis of political, legal and practical bases to ensure the legitimacy and feasibility of the proposed solutions in policy groups.
As for the regulations on different types of funds, it is necessary to thoroughly analyze and evaluate the necessity to set up each type of fund, and further clarify the operating models and the mechanisms for mobilization of capital with respect to off-budgetary funds supported by the State or off-budgetary funds implementing the private-sector funding mechanisms; thoroughly analyze and evaluate the impacts of these funds on current financial mechanisms, ensure consistency with relevant laws and flexibility in the Government’s administration of regulatory policies.
In the process of finalizing the policies of the Law-making Proposal, the agency in charge of the drafting of this Law should devote more time and resources to open surveys conducted to collect opinions from relevant stakeholders, scientists, experts, agencies and organizations; be good at performing the communication work, and collecting public opinions with the aim of arriving at the consensus.
5. In reference to nomination for “Ho Chi Minh Prize” and “State Prize” in the literature and arts field in 2021
The Ministry of Culture, Sports and Tourism shall be assigned to preside over and cooperate with the Ministry of Justice, the Ministry of Home Affairs and relevant agencies in studying and amending the Decree No. 90/2014/ND-CP dated September 29, 2014 regarding "Ho Chi Minh Prize" and "State Prize" in the literature and arts field, and the Decree No. 133/2018/ND-CP dated October 1, 2018, amending and supplementing a number of Articles of the Decree No. 90/2014/ND-CP, to solve practical problems arising from nomination for “Ho Chi Minh Prize”, “State Prize” in the literature and arts field.
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang
1 The Resolution No. 12-NQ/TW dated March 16, 2022 of the Politburo on stimulation of establishment of a truly clean, strong, regular, elite and modern People's Public Security force that meets the requirements in the new context; the Conclusion No. 35-KL/TW dated May 5, 2022 of the Politburo on the List of leadership and equivalent titles and positions in the political system from the central to grassroots level.