Continuing the 7th Session program, on the afternoon of May 28, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on the Capital (amended).

Speaking at the meeting, delegate Khuong Thi Mai (Nam Dinh) expressed her agreement and appreciation for the reception of opinions from National Assembly delegates at the 6th Session, saying that the draft law dossier had been carefully and fully prepared in accordance with the provisions of the Law on Promulgation of Legal Documents; demonstrating the direction of the Central Committee and the Conclusion of the Politburo in Resolution No. 06, Resolution No. 15, especially Conclusion No. 80 of the Politburo on the planning of the Capital for the period 2021-2030, with a vision to 2050.

Given the nature, requirements, and especially important position of the Capital, delegate Mai said that it is necessary to focus on investment and development as a special urban area, a special administrative unit.

Therefore, the draft law stipulating that the Capital is a special urban area is completely consistent with the development requirements of the practical situation, ensuring to meet the requirements of improving urban quality according to Resolution No. 06 and Conclusion No. 80 of the Politburo.

Delegate Khuong Thi Mai - National Assembly Delegation of Nam Dinh province speaking. (Photo: THUY NGUYEN)

That is, to strengthen decentralization and delegation of power, have appropriate and effective pilot mechanisms for the Capital, focusing on the field of financial investment, attracting non-budgetary resources, having a public-private partnership mechanism on land use planning, organizational structure, creating creativity, proactive spirit, autonomy, and self-responsibility for the Capital.

Regarding the delegation of authority to decide on the organization of the apparatus and organizations under the People's Committee, delegate Tran Chi Cuong (Da Nang) expressed his agreement with this adjustment, affirming the necessity of delegating the initiative to Hanoi in deciding to take responsibility for ensuring implementation conditions in establishing, reorganizing, and dissolving specialized agencies.

Delegate Tran Chi Cuong (Da Nang) speaks. (Photo: THUY NGUYEN)

According to the delegate, Hanoi has the position and role as the capital of the whole country, the workload of investment and development management is very large, complex, and increasingly demanding. In addition to ensuring the tasks of a provincial level locality, Hanoi also undertakes many political tasks, especially higher requirements for urban areas, environment, social order and safety, culture, and foreign affairs in its role as the capital of the country.

At the same time, the Capital is a special urban area with rapid development speed, large economic scale, vibrant and diverse trade, service, international transactions, culture and sports activities, and great influence.

Therefore, it is necessary to stipulate the delegation of initiative to the city in deciding to take responsibility for ensuring implementation conditions in establishing, reorganizing, and dissolving specialized agencies and administrative organizations under the city and district governments to have a flexible and effective organizational structure, suitable to management requirements in each stage.

According to delegate Cuong, the draft submitted to the National Assembly at this session has been relatively well received and adjusted, providing principles and conditions for establishing and reorganizing agencies according to the management requirements of each stage according to the opinions of a number of National Assembly delegates; at the same time, there is a limit on the number of additional organizations established at the city level not exceeding 15% (equivalent to about 3 agencies) and at the district level not exceeding 10% (equivalent to 1 agency) according to the Government's regulatory framework.

Thus, on the one hand, it ensures that the city proactively arranges and organizes the apparatus of specialized agencies, administrative organizations, and public service units in accordance with the requirements of tasks in each period, and on the other hand, it also limits the establishment of too many agencies and units.

Support specific mechanisms but need to review closely and cautiously

Delegate Pham Van Hoa - National Assembly Delegation of Dong Thap province speaking. (Photo: THUY NGUYEN)

Basically agreeing with the report on explanation, acceptance and revision of the draft law of the National Assembly Standing Committee, delegate Pham Van Hoa (Dong Thap) expressed support for the Capital to have special mechanisms, but also suggested consideration and caution for some regulations.

Accordingly, regarding the construction and management of the Capital, delegate Hoa agreed with the regulation allowing public universities, public vocational training institutions, and other public scientific and technological organizations in the city to establish or participate in establishing enterprises to commercialize scientific research results and develop technologies under the intellectual property rights of that institution.

However, with the regulation that civil servants of higher education institutions, vocational education institutions, and scientific and technological organizations are allowed to participate in the management and operation of enterprises established by those institutions and organizations, delegates suggested considering this regulation, because the Law on Civil Servants and the Law on Public Employees do not allow civil servants and public employees to establish and operate enterprises. Therefore, the Law on the Capital needs to be clearly defined and reasonably assigned.

Regarding the expansion of the field in which the City People's Council is allowed to prescribe higher administrative fines, applicable in the city, and regarding the application of measures to stop providing electricity and water services to certain constructions and production and business establishments in cases of real necessity, specifically defining the conditions and scope of application, delegate Hoa basically agrees with this regulation, and at the same time requests the City People's Council to specifically determine which cases and establishments within the scope of application will have their electricity and water services stopped to apply correctly and avoid arbitrary application.

Delegate Cam Thi Man (Thanh Hoa) speaks. (Photo: THUY NGUYEN)

Commenting on the provisions on the application of the Capital Law in Article 4, delegate Cam Thi Man (Thanh Hoa) said that in Clause 2, Article 4 stipulates: “In case a law or resolution of the National Assembly issued after the effective date of the Capital Law has provisions different from the provisions of the Capital Law on the same issue that need to be applied, it must be specifically stipulated in that law or resolution; in case the application of the law has not been specifically stipulated and the application of that provision is necessary for the construction, development, management and protection of the Capital, the National Assembly Standing Committee shall decide on the application upon the proposal of the Government and report to the National Assembly at the nearest session”.

According to the delegate, such regulations will ensure prudence, objectivity and consistency in the construction, development, management and protection of the capital.

Clause 3, Article 4 stipulates: “Legal documents detailing the contents of the Law on the Capital, legal documents issued to exercise the authority assigned in the Law on the Capital shall have priority in application in cases where there are many legal documents with different provisions on the same issue”.

The delegate suggested that the Drafting Committee continue to research and consult with all parties to perfect this regulation.

Chairman of the National Assembly's Law Committee Hoang Thanh Tung spoke to explain and clarify a number of issues raised by National Assembly deputies at the discussion session. (Photo: THUY NGUYEN)

Speaking further about the application of the Capital Law at the meeting, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that regarding the clear determination of what is "necessary", the Capital City government has enough capacity to evaluate.

When there are provisions in laws and resolutions of the National Assembly that are more convenient and necessary for the management, development and protection of the capital, different from the provisions of the Law on the Capital, and need to be applied, the agencies of the Hanoi city government can evaluate them. These contents must be reported to the Government for consideration, and if necessary, submitted to the National Assembly Standing Committee for decision.

Regarding the opinion related to the implementation of the law-making process stipulated in the Law on Promulgation of Legal Documents, the Chairman of the Law Committee said that the National Assembly Standing Committee had sent a document requesting the Government to provide comments since the beginning of May. On May 23, the Government sent a document with comments on the draft Law on the Capital (amended) which was accepted and revised to be submitted to the National Assembly at the 7th Session.

According to the request of the National Assembly Standing Committee, the draft law must be sent to National Assembly deputies no later than May 10 for them to study and comment. Because the document was sent late, there was no time to receive, complete, and raise issues in the explanation and acceptance report.

However, many contents on which the Government has given specific opinions have actually been reported and explained in the report of the National Assembly Standing Committee. These are not entirely new issues, but have been given opinions by National Assembly deputies at the 6th Session and the Conference of specialized National Assembly deputies...