A country’s legislation plays a crucial role in maintaining safety and high living standards. Therefore, the legislation process should constantly be enhanced in a way that ensures the proper compilation and passing of various laws. Only the high-quality institutions that are capable of performing the abovementioned actions allow for the proper functioning of the crucial part of every state. The recent case that included the episode of postponing the implementation of four previously passed laws clearly indicates that the current functioning of the legal system starts to show serious signs of its ineffectiveness.
The Criminal Code, alongside other codes, is the second most important document in the system of legal documents. Therefore, all the processes that are connected to its compilation and alteration should be performed duly. Any postponing and alteration not only leads to imbalances and misunderstanding but also undermines the efforts of the legislators who work hard to create the right image and ensure great functioning of the entire system.
Nguen and Hai state that in the recent case with the Criminal Code, the Standing Committee of the National Assembly of Vietnam had to step in to review the laws. The Standing Committee sought to ensure that the numerous errors would not lead to repercussions in the real world. The news about the case was widely debated and raised concerns about the sustainability of the legislation process. The Standing Committee of the National Assembly has decided to issue opinion polls about the postponement of the implementation of this Code.
A discussion with a member of the National Assembly revealed that the Penal Code that was expected to take effect in July contained numerous mistakes. For instance, the it had a provision of many similar behavioral penalties. The Penal Code, the Criminal Procedure Code, the Detention Law, and the Law on Organization of the Criminal Investigation Agency were suspended as a result (Hoang and Dinh Hai). Thus, the enforcement of the abovementioned laws will be postponed substantially.
Any misunderstandings may hinder the authority of a court or of the entire system.
Therefore, any legislation process should adhere to a number of principles that guarantee the high quality of it. Every legislator is expected to ensure the constitutionality, lawfulness, and uniformity of any legal document that is being formulated. Moreover, the law should comply with the competence, form, and procedures that are required in this exact case. A number of misunderstandings under various real-life circumstances may occur due to the lack of transparency of provisions. Furthermore, any law passed in the country should ensure the security, national defense, and environmental protection requirements of the Socialist Republic of Vietnam. Moreover, the democratic nature of any law should not be undermined in the form of a lack of publicity.
It is clear that the Criminal Code and all of its integral parts are instrumental in maintaining the proper functioning of a society. Moreover, the Criminal Code has to respond to the numerous current issues and all the changing types of criminal activities. The code should constantly be revised to ensure that the courts have the right tools to realize the harm that an illegal activity brings and the appropriate penalty. Nevertheless, its alterations and amendments should not be drafted and passed if there is a possibility that it may contain a number of mistakes. There are multiple reasons that may explain the phenomenon of a poorly drafted Criminal Code.
Legislators or officials may need to accelerate the entire process in order to distinguish themselves or due to the fear of being punished. The speed with which a law is drafted and passed may seriously undermine the overall quality of the document.
Moreover, legislators may lack enough experience or expertise when addressing a particular issue while compiling a law. Therefore, such legislators and officials should be provided with an opportunity to enhance their knowledge in certain spheres that require special attention in the 21st century. Moreover, a number of new laws cannot be drafted and passed properly without the assistance of the professionals working in a sophisticated sphere that needs new regulations. Therefore, the government should encourage legislators to actively interact with specialists and scientists that can provide the most efficient option for the clarification of the reasoning behind certain penalties.
All the laws that are being drafted and passed in Vietnam should represent the most suitable reflection of the current situation in the country. Therefore, the legislation process should be performed continuously, with lawmakers continually focusing on the most urgent needs of the population and the government when it comes to security. Moreover, the fact that the abovementioned incident with the Criminal Code has never happened in Vietnam before warns the government of the necessity to implement certain changes.
The strategy should be aimed at the enhancement of the legislators’ and the officials’ understanding of current issues, especially in IT and other spheres that still lack reasonable clarifications, regulations, and guidelines. Therefore, the government should take action to investigate the exact reason behind poor performance in the abovementioned case to prevent such costly and harmful inefficiencies in the future.
Work Cited
Hoang, Nguyen, and Nguyen Dinh Hai. The National Assembly Considers the Draft Law on Execution of Criminal Judgments (amended). VGP News, 2019. Web.