On November 19, continuing the 39th session, the National Assembly Standing Committee gave opinions on explaining, accepting and revising the draft Law amending and supplementing a number of articles of the Securities Law; Accounting Law; Independent Audit Law; State Budget Law; Law on Management and Use of Public Assets; Tax Management Law; National Reserve Law (draft 1 law amending 7 laws).
The summary report on explanation, acceptance, and revision of draft 1 law amending 7 laws clearly stated that in the Law on Management and Use of Public Assets, the process of examining the amended and supplemented content still has many contents with different opinions.
Accordingly, regarding the content of decentralization and delegation of authority in the management, use and handling of public assets, many opinions agreed to amend the mechanism from "decentralization" to "decentralization" in the management and use of public assets; some opinions and the Standing Committee of the Law Committee proposed to consider, not to amend or supplement these provisions, and to carefully assess the impact.
Review to ensure consistency and synchronization to avoid contradictions and overlaps within this law and related legal provisions, especially the provisions of the Law on Government Organization, the Law on Local Government Organization, and specialized laws. Some opinions suggest clearly defining the powers of the Government and agencies;...
Regarding the addition of the form of handling public assets at state agencies "transfer to local management", some opinions agreed to add the form of "transfer to local management and handling" as proposed by the Government. Some opinions said that there is no need to amend these articles and clauses because they are being implemented in practice and there are no problems.
The majority of opinions of the Standing Committee of the Finance and Budget Committee and the Drafting Agency agreed to supplement this regulation to serve as a basis for localities to effectively receive and handle public assets such as surplus houses and land, creating revenue for the state budget, supplementing financial resources for socio-economic development, helping to link management responsibilities with the use and exploitation of public assets.
Regarding the rearrangement of houses and land according to the provisions of law on management and use of public assets of state-owned enterprises (Point b, Clause 22, Article 5 of the draft Law), some opinions agree with the provisions of the draft Law, adding the phrase "It is not necessary to rearrange houses and land according to the provisions of law on management and use of public assets".
Some opinions say that the arrangement of houses and land of enterprises is very necessary. If this regulation is removed from the Law on Management and Use of Public Assets, it will create a big loophole because there is no other law regulating the rearrangement of houses and land of enterprises.
The majority of opinions of the Standing Committee of the Finance and Budget Committee and the Drafting Agency agreed with the Government's proposal.
