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Avoid overlapping provisions in multiple laws

Báo điện tử VOVBáo điện tử VOV30/10/2024


On the morning of October 30, discussing in the Working Group on 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, National Assembly Chairman Tran Thanh Man emphasized that, with the motto that before pressing the button to pass the draft laws, it is necessary to consider carefully, not to be perfectionist, not to be hasty.

Accordingly, the contents that are clear, have been tested and proven in practice will be approved, while the contents and opinions that are different must continue to be researched, reviewed, summarized in practice, and revised.

Saving the use of the country's resources

National Assembly Chairman Tran Thanh Man said that the implementation of the Law on amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the form of public-private partnership and the Law on Bidding stems from the fact that in the implementation process, there are many shortcomings that need to be amended to perfect the legal aspect of corporate governance organization to meet international standards, promote business development, and attract investment in production and business. At the same time, the Government also believes that if the National Assembly resolves the problems in legal regulations, it will help accelerate and boost growth, stabilize the macro -economy , control inflation, and ensure social security.

Commenting on the revised Law on Planning, the National Assembly Chairman said that it is necessary to ensure compliance, continuity, inheritance, and hierarchical stability in the national planning system; ensure unity and synchronization between planning and socio-economic development strategies and plans; ensure the combination of sectoral management with territorial management; ensure national defense and security; protect the environment; ensure the people's nature and participation of agencies, organizations, communities, and individuals; ensure harmony of national, regional, and local interests and the interests of the people, in which national interests are the highest; ensure scientific nature, application of modern technology, interconnectivity; feasible forecasting; and save the use of the country's resources.

Regarding the Investment Law and the Law on Investment under the public-private partnership model, the National Assembly Chairman noted that the amendments need to create favorable conditions for foreign investors to come to Vietnam.

The National Assembly Chairman emphasized that currently, our country is implementing many expressways from the North, Central and South regions, and building Long Thanh International Airport. In the near future, the National Assembly will give opinions on the construction of the North-South high-speed railway with a total capital of about 67 billion USD. The amendment of the Bidding Law aims to overcome shortcomings in selecting capable contractors and constructing high-quality works; at the same time, encourage investors to strictly comply with regulations.

Draft laws for amendments and supplements must ensure order, procedures, and records; and be of high quality.

The National Assembly Chairman affirmed that the innovation in thinking in promulgating laws according to the direction of General Secretary To Lam only amends and supplements urgent contents that are being implemented and causing difficulties and obstacles in reality. With the motto that before pressing the button to approve projects, it is necessary to consider carefully, not to be perfectionist, not to be hasty. Accordingly, the contents that are clear, have been tested and proven in practice will be approved, while the contents and opinions that still have different opinions must continue to be researched, reviewed, summarized in practice, and amended.

The National Assembly Chairman suggested that when promulgating laws, it is necessary to closely follow the provisions in Articles 12 and 146 of the Law on Promulgation of Legal Documents to submit to the National Assembly for consideration and approval in a shortened order. In the immediate future, the draft Decree detailing the draft law should be supplemented according to regulations. Regarding this issue, the National Assembly Chairman gave an example: at the recent extraordinary session, the National Assembly promulgated the Law amending the Land Law, the Housing Law, the Real Estate Business Law and the Law on Credit Institutions 2024. The Government and the Ministry of Natural Resources and Environment committed that in July this year, both the Central and local levels would complete all guidelines, but by September, the decrees and circulars would be basically issued. Until now, many localities still do not have guidelines.

According to the National Assembly Chairman, the issues promised to the National Assembly and the people should have a strong political commitment to properly implement. With the draft laws passed by the National Assembly at this session, the Government must commit to ensuring the correct implementation of the promised issues. The draft laws for amendments and supplements must ensure the order, procedures, and records; and be of high quality.

In addition, the National Assembly Chairman suggested that the Government should direct agencies to review and revise draft laws to ensure consistency in the legal system, avoiding the same content being regulated in many laws, leading to overlaps, contradictions, and causing difficulties in the application process.

Agreeing with the opinions of the audit report, the National Assembly Chairman requested that the project lists in the national, regional and provincial planning must be clear. Regarding special investment procedures, what is special needs to be analyzed and clarified. In decentralizing the provincial People's Committee to approve investment policies for investment projects to build new ports and port areas in seaports, especially those with an investment capital of less than 2,300 billion VND, there must also be specific regulations.

Regarding the field, scale of investment under the public-private partnership method, minimum investment capital to implement the public-private partnership investment method; regarding the selection of contractors in special cases, it is also necessary to specifically state which factors are special.



Source: https://vov.vn/chinh-tri/chu-tich-quoc-hoi-tranh-mot-noi-dung-quy-dinh-tai-nhieu-luat-dan-toi-chong-cheo-post1132014.vov

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