Continuing the meeting program, on the morning of October 30, the National Assembly listened to the presentation and report on the review of the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding; the presentation and draft Resolution on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases.
Need to clarify more difficulties and obstacles for PPP projects
Reporting on the review of the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding, Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that the Economic Committee basically agreed with the necessity of amending and supplementing the laws under the draft Law with the political basis, legal basis and practical basis stated in the Government's Submission No. 675/TTr-CP.
Regarding special investment procedures in the draft law, the Economic Committee recommends that the Government carefully review and clearly and strictly regulate the subjects to whom these special investment procedures are applied.
Research and carefully assess the impact, ensuring that the decentralization of authority to grant special investment certificates meets the capacity, decision-making capacity, organization, and human resources of each management level, ensuring consistency in the legal system.
At the same time, it is necessary to supplement sanctions with specific responsibilities and handle violations to ensure feasibility and effectiveness in implementation, especially for large, important projects of complex specialized nature, with widespread impacts on the socio-economic development of localities, regions and the whole country.
Regarding the amendment and supplementation of a number of articles of the Law on Investment under the public-private partnership model, according to Mr. Vu Hong Thanh, the expansion of the scope of application in a number of localities in the pilot phase has not been summarized and evaluated. Therefore, it is recommended to review, consider, and be cautious with this proposal and supplement it with a thorough evaluation.
In addition, the PPP Law has been in effect for about 5 years, but mobilizing investors to participate in PPP projects still faces many difficulties. Therefore, it is recommended to clarify the difficulties and obstacles facing PPP projects in the past to find more suitable solutions.
Regarding amendments and supplements to a number of articles of the Law on Bidding, the Economic Committee requested the Government to explain and assess the specific impacts on the application of regulations on pre-bidding. At the same time, clarify whether it is necessary to re-bid in cases where the signing of a contract based on the results of the pre-bidding process may not meet the requirements of the approved project; clearly define the content of pre-bidding for bidding packages to select contractors to implement projects using ODA capital, preferential loans from foreign donors and pre-bidding for bidding packages to select other contractors.
Strict regulations on measures to handle evidence and assets in the form of money during investigation, prosecution and trial
The report on the review of the draft Resolution on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases presented by Chairwoman of the Judiciary Committee Le Thi Nga emphasized that the issuance of the Resolution aims to promptly implement Conclusion No. 87-KL/TW of the Politburo, creating a legal basis to remove difficulties and obstacles, meeting practical requirements in resolving criminal cases and cases under the supervision and direction of the Central Steering Committee on anti-corruption and negativity.
Thereby, improving the effectiveness of the fight against crime, especially economic crimes and corruption, better ensuring the legitimate rights and interests of relevant organizations and individuals, as well as minimizing negative impacts on the investment and business environment. The pilot results will create a practical basis for perfecting the law on criminal and criminal proceedings in the coming time.
Regarding measures to handle evidence and assets in the form of money (Clause 1, Article 3), the Judiciary Committee found that the provision allowing payment to victims in the pre-trial proceedings would better ensure the rights of both the victims and the accused (in cases where interest is charged on the compensation).
According to the provisions of criminal procedure law, allowing the payment of compensation for damages is part of resolving civil issues in criminal cases, this content is under the jurisdiction of the Court at the trial stage.
Therefore, the Judiciary Committee agrees to strictly regulate the applicable conditions and must have the consensus of the prosecution agencies before making a decision.
Regarding the measure to allow the purchase, sale, and transfer of evidence and assets, the Judiciary Committee basically agrees with the provisions of the draft and believes that, during the litigation process, if the purchase, sale, and transfer of evidence and assets that have been seized and frozen are allowed to be carried out early through auction, it will create the possibility of recovering higher compensation for damages, ensuring the rights of both the victim and the accused.
The Judiciary Committee also approved the draft's provisions on measures to temporarily suspend transactions; temporarily suspend registration and transfer of ownership and rights to use assets (Clause 5, Article 3) and said that this is a very important measure to improve the effectiveness of fighting and handling economic crimes and corruption.
TB (according to VNA)Source: https://baohaiduong.vn/quy-dinh-chat-bien-phap-xu-ly-vat-chung-tai-san-la-tien-trong-dieu-tra-truy-to-xet-xu-396849.html
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