The Government commented on 06 proposals to build laws and 01 draft ordinance.

The Government has just issued Resolution No. 240/NQ-CP dated December 17, 2024, the thematic meeting on law making in November 2024.

Prime Minister Pham Minh Chinh chaired the meeting - Photo: VGP/Nhat Bac

In the Resolution, the Government highly appreciated the Ministry of National Defense for being proactive and active in preparing and developing the project of the Ordinance on Management and Protection of the Ho Chi Minh Mausoleum Relic Site and submitting it to the Government to ensure the time, progress and regulations of the Law on Promulgation of Legal Documents. The Ordinance project was carefully prepared, of high quality, ensuring adherence to the four policy contents approved by the Government in Resolution No. 05/NQ-CP dated January 5, 2024.

The Government unanimously approved the project dossier prepared by the Ministry of National Defense; assigned the Ministry of National Defense to preside over and coordinate with the Ministry of Justice, the Government Office and relevant agencies to complete the project dossier of the Ordinance according to the provisions of the Law on Promulgation of Legal Documents (in which it is noted to carefully review and ensure that only contents within the competence of the National Assembly are regulated).

Strengthening carbon emission controls for large emitting enterprises

The Government assigned the Ministry of Industry and Trade to study and absorb the opinions of Government members, opinions of relevant ministries and agencies to complete the Proposal to develop a Law amending and supplementing a number of articles of the Law on economical and efficient use of energy . In the process of completing policies, it is necessary to consult more opinions of experts, scientists, corporations and energy companies, in which some contents should be noted: Research and supplement the policy content on green transformation and emission reduction so that energy saving goes hand in hand with encouraging and developing green economy and circular economy;

Develop tools to strengthen carbon emission control for large-emitting enterprises. Ensure that monitoring involves not only the Ministry of Industry and Trade but also the entire political system and the people;

Supplementing the policy content to encourage digital transformation and digital transformation management to increase the effectiveness of state management of energy saving and efficiency activities. Researching and reviewing some contents not yet included in the Electricity Law (amended) to consider adding to the Law amending and supplementing a number of articles of the Law on Economical and Efficient Energy Use to ensure truly economical and efficient energy use in accordance with the new situation.

Delegate initiative and responsibility to businesses in implementing energy projects

Regarding the Proposal to develop the Law on Atomic Energy (amended) , the Government basically agrees with the proposal of the Ministry of Science and Technology on the policies of the proposed Law. The Ministry of Science and Technology continues to coordinate with relevant ministries and agencies to study international experiences and consult experts and scientists to supplement and perfect the policies, in which some specific contents are noted as follows:

Continue to study the reduction and simplification of administrative procedures; strengthen decentralization and maximum delegation of power associated with resource allocation and responsibility of individuals and collectives to resolve administrative procedures; improve the implementation capacity and proactiveness of agencies, units and localities along with not interfering in the production and business activities of enterprises, giving initiative and responsibility to enterprises in deploying and implementing energy projects.

Refer to international experience on managing detainees, temporary detainees and people banned from leaving their place of residence

Regarding the Proposal to develop a Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving the Place of Residence , the Government requests the Ministry of Public Security to study and absorb the maximum opinions of Government members and relevant agencies, and complete the dossier of the Proposal to develop the Law. In particular, it is necessary to continue summarizing relevant laws and regulations, inheriting regulations that have been proven in practice and applied effectively; amending and supplementing regulations to handle shortcomings and problems arising in practice. Review and ensure compliance with the Constitution and synchronization and consistency with relevant legal regulations such as the Penal Code, the Criminal Procedure Code, the Law on Medical Examination and Treatment, etc. Conduct a thorough policy impact assessment to ensure that the proposed policy is reasonable, feasible and effective. Actively consult experts and scientists, especially international experience in managing detainees, temporary prisoners and people banned from leaving their place of residence, selectively refer to the characteristics, conditions and culture of Vietnam. Strengthen decentralization and delegation of power while promoting the responsibility of leaders.

Continue to innovate the organization and operation of the criminal enforcement agency system

Regarding the Proposal to develop a Law amending and supplementing a number of articles of the Law on Enforcement of Criminal Judgments , the Government agrees on the necessity of amending and supplementing this Law to continue institutionalizing the Party's viewpoints and policies on the enforcement of criminal judgments, overcoming limitations and difficulties, creating a suitable and adequate legal basis for the enforcement of criminal judgments, demonstrating the humane policy of the Party and State towards people serving sentences, contributing to ensuring security and order.

It is necessary to complete regulations on the tasks and powers of agencies and units in the execution of criminal sentences, in order to continue to innovate the organization and operation of the system of criminal sentence enforcement agencies. The Ministry of Public Security needs to carefully study the monitoring measures for people serving suspended sentences, non-custodial reform sentences, residence bans, probation, and people released from prison early with conditions to ensure suitability, feasibility, effectiveness, strict authority, applicable conditions, and assign the Government to specify the procedures and implementation roadmap in detail. In addition, consider assigning the Government to specify the organization of the prison apparatus according to its authority; study regulations on coordination between the police and health forces in ensuring security and safety of compulsory medical facilities in accordance with practical requirements and within its authority;

Regarding the rights, obligations and regimes of those serving sentences, the Government requests the Ministry of Public Security to carefully assess the implementation of Resolution No. 54/2022/QH15 dated June 16, 2022 of the National Assembly on piloting the model of organization, labor, career guidance and vocational training for those serving prison sentences outside prison; if necessary, study and stipulate general principles of this content in the Law and assign the Government to specifically stipulate the subjects and scope of organization, labor, career guidance and vocational training outside prison, ensuring compliance with the Party's policies, practical requirements and within its authority.

Innovation and reorganization of the state administrative apparatus "streamlined - compact - strong - efficient - effective - efficient"

The Government agrees on the necessity of developing the Law on Government Organization (amended) to create a legal framework for perfecting the Government's organizational apparatus, innovating and arranging the "streamlined - compact - strong - effective - efficient - effective" state administrative apparatus, meeting the requirements of building and perfecting the socialist rule-of-law State of Vietnam in the new situation.

The Ministry of Home Affairs studies and absorbs as much as possible the opinions of Government members, relevant ministries and agencies, and completes the dossier of the Law Proposal, paying attention to reviewing and closely following the Party's policies and the provisions of the Constitution, ensuring consistency and unity with relevant legal provisions. Strengthening decentralization and delegation of power while promoting the responsibility of leaders, minimizing administrative procedures. Actively consulting with experts and scientists, promoting policy communication to create consensus. Closely and effectively coordinating with relevant ministries, branches and agencies in the process of drafting the Law.

The Ministry of Home Affairs shall preside over and coordinate with the Government Office to promptly report to the Government Party Committee to submit to the Politburo to direct competent agencies to review and amend laws on organizational apparatus, such as: Law on Organization of the National Assembly, Law on Organization of People's Courts, Law on Organization of People's Procuracy, Law on Vietnam Fatherland Front... to clarify the functions, tasks, powers and relationships between agencies in the political system on the basis of the 2013 Constitution.

The Resolution also requested the Ministry of Home Affairs to clarify further issues related to the division of labor within each agency and the relationship, as well as the operating mechanism, authority and responsibility of the agency collective with the individual head to clearly demonstrate the spirit of decentralization within the Government agencies themselves, thereby helping the Government apparatus operate effectively.

It is recommended that the Ministry of Home Affairs supplement the content related to authorization in the activities of state administrative agencies. At the same time, clarify the relationship between the Government, the Prime Minister, Ministers, Heads of ministerial-level agencies, Heads of Government agencies and Ministries, ministerial-level agencies, Government agencies with local authorities.

Strengthening decentralization and delegation of power, promoting the responsibility of leaders, and minimizing administrative procedures

The Ministry of Home Affairs studies and absorbs the opinions of Government members, relevant ministries and agencies, and completes the dossier of the Proposal to develop the Law on Organization of Local Government (amended) , noting:

Review and closely follow the Party's policies and the provisions of the Constitution, ensuring consistency and unity with relevant legal provisions. Strengthen decentralization and delegation of power while promoting the responsibility of leaders, minimizing administrative procedures, applying science and technology, digital transformation, and focusing on policy communication to create consensus. Consult experts and scientists and get opinions from subjects affected by the draft Law. Coordinate closely and effectively with ministries, branches, agencies and localities in the process of drafting the Law.

The Government basically agrees with the policy objectives of decentralization, delegation, delegation of authority between the Central Government and local governments and between local government levels. However, local governments do not have the authority to decide on decentralization, so the Ministry of Home Affairs needs to continue reviewing and determining appropriate policy content; at the same time, determining the scope of decentralization and delegation of authority in this Law to ensure consistency with the provisions on decentralization and delegation of authority in the draft Law on Government Organization (amended).

The development of tasks and powers of local governments, People's Councils, and People's Committees at all levels, avoiding overlaps and duplications, in order to promptly implement the Party's policies and the directions of the General Secretary, the Government, and the Prime Minister on promoting decentralization and delegation of powers between the Government and local governments, in accordance with the characteristics of urban, rural, and island areas and the management and operation capacity of each level of local government. The Ministry of Home Affairs studies and proposes solutions to handle difficulties and shortcomings related to decentralization, delegation of powers, and authorization in the Law on Organization of the Government, the Law on Organization of Local Governments, and related laws in the spirit of "locality decides, locality acts, locality is responsible", ensuring feasibility, conformity with the authority of agencies, and consistency and unity of the legal system.

The Ministry of Home Affairs continues to study local government organization models, including evaluating pilot implementation practices in recent times, and proposing models that ensure feasibility and effective operation.

Regarding the organization and operation of People's Councils and People's Committees at all levels, the Government requests the Ministry of Home Affairs to carefully study and evaluate, ensuring the feasibility of the plan of not organizing local government at the commune level (not organizing People's Councils at commune level), especially the people's representation rights and the effectiveness of the grassroots government apparatus.

Avoid document backlog

The Government assigned Ministers, Heads of ministerial-level agencies, Chairmen of People's Committees of provinces and centrally-run cities to focus on directing, promptly drafting, submitting for promulgation or promulgating under their authority documents detailing and guiding the implementation of Laws and Ordinances passed by the National Assembly at the 7th and 8th Sessions, to avoid the situation of document backlog.

Continue to review laws and legal documents, promptly detect problems, backwardness compared to practice or problems arising in practice but not yet regulated by legal regulations to propose to perfect the legal system.

Source: https://baotainguyenmoitruong.vn/chinh-phu-cho-y-kien-ve-06-de-nghi-xay-dung-luat-01-du-an-phap-lenh-384653.html