📋 Tender Overview
The Vietnamese legal system has made many progresses in developing and promulgating legal documents, typically the Law on Promulgation of Legal Documents, but the field of administrative decision promulgation still has gaps, which need to be completed soon by developing the Law on Procedures for Issuing Administrative Decisions. Ms. Nguyen Thi Hanh, Director of the Department of Criminal-Administrative Law (Ministry of Justice) spoke at the Workshop - Photo: VGP/DA Recently, at the Workshop Exchanging Japanese experiences in researching, developing and promulgating the Law on Procedures for Issuing Administrative Decisions organized by the Ministry of Justice in coordination with the Japan International Cooperation Agency (JICA), Ms. Nguyen Thi Hanh, Director of the Department of Criminal-Administrative Law (Ministry of Justice) emphasized, in the administrative management system government, administrative decisions act as an important tool, expressing public power through individual documents issued by competent state agencies. This is a type of document that is applied once, aimed at one or several specific subjects, to solve separate problems in management activities. With this characteristic, administrative decisions not only create, change or terminate the rights, obligations and interests of individuals and organizations, but also have a direct impact on public interests, peoples lives and production and business activities of enterprises. According to Ms. Nguyen Thi Hanh, the Vietnamese legal system has achieved significant progress in developing and promulgating legal documents, typically the Law on Promulgation of Legal Documents. This Act has created a solid legal framework, bringing law-making activities into order; contributing to creating legal documents of increasingly high quality, better meeting practical needs. However, when looking at the field of issuing administrative decisions, there are still gaps that need to be filled. This law will stipulate the most general rules on procedures for issuing administrative decisions, therefore it will not replace or amend all existing regulations in the legal system, but will basically act as a filler and filler for issues that have not been regulated or are incompletely regulated by the current legal system. At the same time, it still recognizes the processes and procedures for issuing administrative decisions that are being regulated in specialized legal documents to ensure maximum uniformity, synchronization, and stability of the legal system, avoiding unnecessary disturbances, except for some specific provisions in this Law. Regarding specific goals, the Law aims to overcome legal gaps in the issuance of administrative decisions such as: The concept of administrative decisions has not been defined, it has not been clearly defined. subject issue administrative decisions; lack of principles for issuing administrative decisions; determine when administrative decisions are unlawful; There is no general procedure for issuing administrative decisions, leading to a situation in some fields and in cases where there are no or unclear specialized legal regulations on the process of issuing administrative decisions, making it difficult for competent entities to issue administrative decisions. For example, regulations on issuance of administrative decisions in urgent and urgent cases such as disease prevention and control, disasters and natural disasters; lack of adequate regulations on mechanisms to control the issuance and handling of administrative decisions after issuance such as corrections; suspension/temporary suspension; amendments and supplements; revoke/abolish/cancel...In addition, the development of the Law also aims to ensure principles for issuing administrative decisions for uniform implementation in the process of issuing administrative decisions; creating a legal basis for the issuance of administrative decisions, ensuring compliance with the provisions of law so that entities with authority to issue administrative decisions can be proactive and self-responsible, contributing to overcoming the lack of transparency in the process of issuing administrative decisions. Dr. Dinh Van Minh, former Director of the Legal Department, Government Inspectorate shared at the Workshop - Photo: VGP/DACreating a mechanism for agencies, organizations and individuals to control the legality, reasonableness and feasibility of administrative decisions helps subjects clearly determine when administrative decisions are illegal; In particular, it is important for judicial agencies (judges, prosecutors, etc.) to review and evaluate the legality and reasonableness of administrative decisions through adjudication and supervision of judicial activities. At the same time, ensure the legitimate rights and interests of organizations and individuals in the process of issuing administrative decisions; There is a mechanism for subjects to protect themselves during the process of issuing administrative decisions; Strengthen the accountability of state agencies in issuing administrative decisions in accordance with the law.Dr. Dinh Van Minh, former Director of the Legal Department, Government Inspectorate, said that administrative documents are one of the important forms in state management activities, to communicate and organize the implementation of guidelines, policies and laws from agencies.state administration to the subject of execution. The promulgation, implementation and control of administrative documents plays a decisive role in ensuring constitutionality, transparency and efficiency in state management. However, the practice of organizing the implementation of administrative documents in Vietnam still has many limitations, especially in the process and procedures for promulgating these documents. To perfect the law and improve the efficiency of implementing administrative documents, Dr. Dinh Van Minh said that it is necessary to develop a Law on
