Amending the Law to remove obstacles and improve the investment and business environment

According to the Government 's Summary Report, the development and promulgation of the Law Project aims to promptly remove urgent difficulties and obstacles in institutions and laws on planning, business investment, investment under the public-private partnership model and bidding activities; simplify administrative procedures; and strengthen decentralization and delegation of power to localities.

Vice Chairman of the National Assembly Nguyen Duc Hai chaired the meeting. Photo: Quochoi.vn

The draft law is built closely following the viewpoint of focusing on amending and supplementing a number of provisions of laws that are contradictory, causing difficulties, obstacles, and urgent requirements to be amended to facilitate investment, production, and business activities. The provisions that need to be amended and supplemented must have clearly defined content, amendment and supplement plans, and specific impact assessments; at the same time, ensuring independence, stability, consistency, and inheritance of content when comprehensively amending and supplementing laws.

The Draft Law also ensures the consistency and uniformity of the legal system; ensures conformity with international treaties to which Vietnam is a member and Vietnam's agreements and commitments; selectively references the experiences of countries related to policy content to ensure the similarity between Vietnamese law and the laws of other countries.

Chairman of the Economic Committee Vu Hong Thanh speaks. Photo: Quochoi.vn

During the preliminary review of the Draft Law, Chairman of the Economic Committee Vu Hong Thanh basically agreed with the necessity of amending and supplementing the Laws under the Draft Law with the political, legal and practical bases stated in the Government's Submission No. 513/TTr-CP.

The draft Law amends and supplements many regulations related to planning, implementation of business investment activities, investment under the public-private partnership model and bidding activities, including regulations directly related to resources, state budget, authority, decentralization, delegation of power to ministries, branches, localities, administrative procedures...

The auditing agency believes that the impact assessment report still has general, qualitative comments, lacking supporting data, especially in some policies, it is still impossible to specifically assess the impacts on financial resources quantitatively, lacking the basis for choosing appropriate solutions, so it is requested that the presiding agency provide additional clarification.

Regarding the constitutionality, legality and consistency of the draft Law with the legal system, the Standing Committee of the Economic Committee believes that the draft Law proposes to amend and supplement a number of provisions related to the order of planning, planning content, and adjustment of national planning, regional planning and provincial planning, which are plans prepared, appraised, approved and adjusted in accordance with the provisions of the Law on Planning.

Delegates attending the meeting. Photo: Quochoi.vn

According to Chairman Vu Hong Thanh, at the 7th and 8th Sessions, the Government also proposed to promulgate the Law on Geology and Minerals, amend the Law on Electricity and the Law on Cultural Heritage, including proposing to amend the contents on the order and procedures for establishing, appraising, approving and adjusting national planning, regional planning and provincial planning. Not proposing to immediately amend and supplement the regulations related to the above contents in the Law on Planning is inappropriate.

Therefore, the Standing Committee of the Economic Committee recommends that the Government direct relevant agencies to review and revise these Draft Laws to ensure the consistency of the legal system; avoid the same content being regulated in many laws, leading to overlaps, contradictions, and causing difficulties in the process of law application.

At the meeting, the members of the National Assembly Standing Committee agreed with the need to promulgate the Law to institutionalize viewpoints, goals, and orientations, and to synchronously perfect the institutions and laws on planning, investment, and bidding in the Resolutions of the National Assembly, meeting the requirements of socio-economic development. However, the Draft Law needs to focus on amending and supplementing the contents that are truly necessary and urgent, have clear theoretical and practical bases, and are highly agreed upon. For the remaining contents that are not really certain, continue to study for later amendments.

Regarding the amendment and supplementation of a number of articles of the Law on Investment under the Public-Private Partnership (PPP Law), investment under the Public-Private Partnership method is a new and complicated method. Up to now, the management agencies have not had much experience, so they cannot foresee all the situations that may arise as well as the difficulties and problems that may occur during the implementation and exploitation phase. Therefore, the review and amendment of the provisions of this Law must be very urgent, but also very cautious and thorough. Only core, urgent, "ripe", "clear" issues should be amended, proven by practice, and have a high level of consensus before the law can be developed and promulgated. Issues that are urgent and necessary, but are new and have not yet reached a high level of consensus, will be considered in the process of comprehensively amending the Law on Investment under the Public-Private Partnership method.

Concluding the discussion, Vice Chairman of the National Assembly Nguyen Duc Hai said that the National Assembly Standing Committee highly appreciated the process of preparing the draft Law dossier and the review report of the Economic Committee. To ensure the quality of the draft Law, the Government, the drafting agency, and the review agency need to promptly absorb opinions at the meeting, review and ensure that the revised contents must be truly necessary and urgent issues, capable of being deployed and implemented immediately to resolve current difficulties and bottlenecks, improve the investment and business environment, and promote socio-economic development.

At the same time, it is necessary to properly implement the viewpoint that the Law Project only regulates issues that are mature, clear, proven to be correct in practice, and have high consensus and unity; strictly implement Regulation 178-QD/TW of 2024 on controlling power, preventing and combating corruption and negativity in law-making work, and not legalize violations. The Vice Chairman of the National Assembly requested the drafting agency and the reviewing agency to study, fully absorb, and convincingly explain opinions, complete the Law Project dossier and the official review report to submit to the National Assembly for consideration and decision at the 8th Session.

Source: https://kinhtedothi.vn/sua-doi-luat-de-thao-go-vuong-mac-cai-thien-moi-truong-dau-tu-kinh-doanh.html