More proactive, more powerful empowerment

On the afternoon of March 14, the National Assembly Standing Committee gave its opinion on the draft Law on State of Emergency. Vice Chairman of the National Assembly Tran Quang Phuong chaired the discussion.

At the meeting, on behalf of the drafting agency, General Nguyen Tan Cuong, Chief of the General Staff, Deputy Minister of National Defense, presented a Report on the necessity, purpose of promulgating the law, viewpoints on law making, and main contents of the draft Law on State of Emergency.

Accordingly, the purpose of promulgating the Law is to ensure consistency, synchronization and enhance the effectiveness and efficiency of the legal system on the state of emergency.

At the same time, the law will create a legal basis for law enforcement to enhance proactiveness in responding to and promptly and effectively overcoming emergency situations.

General Nguyen Tan Cuong said that the content of the draft Law focuses on two policies approved by the Government in Resolution No. 118 of 2024 and reported to the National Assembly to add to the Law and Ordinance Development Program in Resolution No. 55 of 2024.

These are measures applied in a state of emergency, the authority to organize, direct, operate and decide to apply special measures of a number of subjects in a state of emergency; measures to support businesses; relief and support for people to respond during and after a state of emergency.

Explaining the practical basis for building the law, General Nguyen Tan Cuong pointed out that even during the Covid-19 pandemic, although a state of emergency had not been declared, some measures similar to those of a state of emergency were applied to respond to the pandemic.

The process of fighting the Covid-19 pandemic has brought many lessons, but also revealed limitations and inadequacies in organizing the implementation of laws on the state of emergency.

In the first major pandemic, many difficult situations, problems and shortcomings have arisen that need to be resolved immediately.

Among them is the need to empower the Government and the Prime Minister to be more proactive and stronger in order to promptly decide on necessary and flexible measures to meet the requirements of disease prevention, control, containment and containment.

Therefore, the draft law stipulates that, if necessary, the Prime Minister can apply measures that are not yet prescribed by current laws and report to the competent authorities of the Party and the National Assembly as soon as possible.

Presenting the review report, Chairman of the National Assembly's Committee on National Defense, Security and Foreign Affairs Le Tan Toi stated that the Standing Committee of the Committee agreed on the necessity of promulgating the Law with political, legal and practical bases as submitted by the Government.

The committee believes that the promulgation of the law aims to promptly overcome shortcomings and limitations in the practical implementation of the law on the state of emergency, especially since the outbreak of the Covid-19 pandemic.

Regarding the examination of the authority, order and procedures for declaring and announcing a state of emergency (Article 9), the Standing Committee basically agreed as in the draft.

However, it is recommended to study and clarify further the basis for declaring a state of emergency to ensure consistency.

The establishment of bases for declaring a state of emergency must meet objective and subjective factors, beyond level 3 civil defense; at the same time, there must also be criteria to avoid arbitrary application, affecting socio-economic development and people's lives.

There is a proposal to review the Prime Minister's authority to propose in Clause 1 because the Constitution only stipulates that the National Assembly Standing Committee has the right to decide to declare a state of emergency without stipulating the authority of the Prime Minister.

Other opinions suggested further clarification of the grounds, bases, and procedures for ministries or provincial People's Committee chairmen to request the Prime Minister to request the National Assembly Standing Committee to declare a state of emergency.

In which cases is a state of emergency declared locally, in which cases nationwide, if locally, when at the provincial level, when at a lower level...

The draft Law stipulates 4 groups of measures to be applied corresponding to 4 types of emergency situations.

The Standing Committee of the National Defense, Security and Foreign Affairs Committee basically agrees with the provision authorizing the Prime Minister: In case of necessity, the Prime Minister can apply measures that are not yet prescribed by current laws.

However, to ensure compliance with the Constitution, it is recommended that the content of these measures be supplemented in accordance with the principles stipulated in Article 3, and that further clarification be made regarding the effective date, subjects, and specific measures to ensure feasibility...

Qualified to submit to the National Assembly at the 9th Session

Discussing at the meeting, delegates gave their opinions on the purpose of promulgating the law, the draft law dossier, consistency in the legal system, scope of regulation, interpretation of terms, application of the state of emergency and related laws, measures applied in case of declaring a state of emergency, etc.

In his concluding remarks, Vice Chairman of the National Assembly Tran Quang Phuong agreed with the necessity of enacting the law, basically agreeing with many contents of the draft law submitted by the Government and the contents of the review.

The draft law basically adheres to the Party's guiding viewpoints on innovation, perfecting the law-making process and requiring innovation in law-making thinking, and is eligible to be submitted to the National Assembly for consideration and comments at the 9th Session.

The Vice Chairman of the National Assembly requested the drafting agency to review and complete the regulations on applicable measures to ensure that they do not conflict or overlap with civil defense measures of level 1, level 2, level 3 and civil measures applied in a state of emergency, as stipulated in the Law on Civil Defense; and to delegate authority to the Prime Minister to apply measures that are not yet prescribed by current law or are different from the law.

Thereby, ensuring flexibility in responding to and handling emergency situations.