Prepare carefully for laws that come into effect soon

Focus on progress and quality of guidance documents

On the afternoon of June 21, the National Assembly (NA) discussed in the hall the promulgation of laws to amend the Laws on Land, Housing, Real Estate Business and Credit Institutions, taking effect 5 months earlier, from August 1, instead of January 1, 2025.

Supporting the above laws to come into effect soon, however, delegate Nguyen Thi Ngoc Xuan ( Binh Duong delegation) pointed out that as of June 18, only one content has been detailed. There are still 28 documents detailing and guiding the implementation of the Land, Housing, and Real Estate Business laws that have not been issued, not to mention the contents assigned to localities. Besides, according to Ms. Xuan, even if they are issued in a shortened order as the Government's proposal, it is very difficult to ensure that detailed regulations are issued when the law takes effect early on August 1. Therefore, the female delegate suggested that with unclear content, no instructions, and no detailed issuance, the Government, ministries, branches, and localities must have a full and detailed report on the progress of completing the documents in August.

According to Deputy Nguyen Truc Son ( Ben Tre delegation), from the time the National Assembly approved the amendments to the above laws until August 1, there is only about 1 month left, "very short", while the number of decrees, circulars, and guiding documents that must be re-issued is huge. This puts a lot of pressure, especially on localities in terms of quality, consistency, and uniformity, avoiding overlap in the development of detailed regulations and implementation instructions. "We propose that the Government issue them soon so that the provincial level has a basis to develop its own resolutions and regulations. Currently, the provincial People's Committee alone must issue up to 17 resolutions and decisions, an extremely large volume, we are very concerned about the time issue", Mr. Son said; at the same time, he proposed that some guiding documents be allowed to be done later and not be completed all at once.

Standing Vice Chairman of the Quang Tri Provincial People's Committee Ha Sy Dong said that if one reads the contents presented by the Government, especially the appendix listing the points that are beneficial to the people and businesses, there is no reason for the National Assembly not to support the laws taking effect soon. From the practice of local administration, Mr. Dong even more hopes that these laws will soon come into life when the current laws have overlaps, contradictions, and too many shortcomings in understanding and implementation, causing many officials to get into trouble with the law or avoid, shirk, or fear responsibility.

However, the Quang Tri delegation member said that it is necessary to identify and fully assess the impact and influence on the investment and business environment, the legitimate rights and interests of people and businesses, especially the reactions and psychology of society. Mr. Dong suggested that before passing the law, the drafting agency should send to the National Assembly the issues that may arise when the above laws take effect early, if any, how to resolve them, and which agency is responsible for resolving them.

In addition, Deputy Nguyen Thi Ngoc Xuan suggested that the Government should assess the impact, benefits, risks, and solutions to risks when the law takes effect early, and report to the National Assembly. The Standing Committee of the National Assembly has two options to collect opinions from National Assembly deputies before the National Assembly passes it; at the same time, report to competent authorities to comprehensively assess this issue. "The National Assembly can hold an extraordinary online meeting after the 7th session to consider and approve this content in a quality and feasible manner," she suggested.

Guidance documents will be issued in June.

Explaining the issues of concern to the National Assembly, Minister of Natural Resources and Environment Dang Quoc Khanh said that since the Land Law was approved by the National Assembly in January 2024, the Government, especially the Prime Minister, has directed ministries and branches to immediately start completing decrees and circulars. As for the shortened process, according to the Minister of Natural Resources and Environment, it is a shortened process in terms of time. For example, the decree that took effect after 45 days now takes effect immediately after signing. Thus, the time is shortened, but the process and quality of the circulars and decrees are not "shortened". Mr. Khanh reiterated the Government's submission affirming that the guiding decrees and circulars will be issued in June.

Regarding the guiding documents at the local level, Mr. Khanh said that the local level did not issue new policies, but most of them were issued before and were just inherited. “The localities are working on them, very actively. If the localities have any problems today, the ministries and branches will continue to guide them thoroughly so that the localities can issue them soon,” Mr. Khanh affirmed.

Balance of rights between offenders and victims

On the morning of June 21, the National Assembly discussed the draft Law on Juvenile Justice in the hall. Most deputies agreed on the need to enact a separate law to regulate judicial activities for minors, especially juvenile offenders. However, some deputies proposed to research and develop a more balanced policy, both to meet humane demands for juvenile offenders and to avoid disadvantages for victims, especially juvenile victims.

According to Deputy Mai Thi Phuong Hoa (Nam Dinh delegation), if too much attention is paid to protecting the interests of minors who commit crimes, it will be unfair to the victims. She cited the draft's provision allowing people from 14 to under 16 years old who commit very serious crimes (including human trafficking) to be subject to diversion measures. This is a crime committed with intention, from behavior, purpose to means. "If the offender is subject to diversion by simply apologizing, it will be very unfair to the victim and will not ensure education," Ms. Hoa said. Not to mention, if minors are given leniency, the masterminds will likely increase their use of this group of subjects to commit crimes.

Explaining to the National Assembly, Chief Justice of the Supreme People's Court Nguyen Hoa Binh said that the draft law has devoted a chapter to regulating two groups of subjects: witnesses and minor victims, with quite complete content. Meanwhile, the accused will have to apply measures such as interrogation, going to court, and will be affected by the procedural process. Therefore, it is normal that the content of policies on this group of subjects is more than that on witnesses and victims. Regarding the opinions of the deputies, the drafting agency will absorb and refer to international experience, and any missing issues will be researched and supplemented.

Source: https://thanhnien.vn/chuan-bi-ky-luong-cho-cac-luat-co-hieu-luc-som-185240621235255214.htm