Avoid content covered by multiple laws
On October 30, continuing the 8th Session, the National Assembly discussed in Groups 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.
Speaking at the discussion session, National Assembly Chairman Tran Thanh Man stated that in the process of management and operation, the Government has found many shortcomings that need to be amended and supplemented in 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.
The National Assembly Chairman also noted, "We will fix any issues that are seen, clear, ripe, and have been tested and proven in practice. For issues that are unclear, unripe, and have not been proven in practice, we will continue to research to perfect the legal framework on corporate governance to meet international standards, promote business development, and attract investment in production and business."
The National Assembly Chairman affirmed that the innovation in thinking in promulgating laws following the direction of General Secretary To Lam only amends and supplements urgent contents, causing difficulties and obstacles in practice.
“With the motto that before pressing the button to approve projects, we need to consider carefully, not be perfectionist, not hasty. Accordingly, the contents that are clear, have been tested and proven in practice will be approved, while the contents with different opinions must continue to be researched, reviewed, summarized in practice, and revised,” the National Assembly Chairman emphasized.
The National Assembly Chairman suggested that when promulgating laws, it is necessary to adhere to the provisions in Article 12 and Article 146 of the Law on Promulgation of Legal Documents to submit to the National Assembly for consideration and approval according to a shortened procedure. 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 revised and supplemented draft laws 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 overlap, contradiction, and causing difficulties in the application process.
Simplify administrative procedures, promote decentralization and delegation of power
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;
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.
Previously, presenting a Proposal for a law amending four laws related to the investment sector, Minister of Planning and Investment Nguyen Chi Dung said that the Law was developed to promptly remove urgent difficulties and obstacles in institutions, simplify administrative procedures and promote decentralization and delegation of authority in the fields of planning, business investment, investment under the public-private partnership method and bidding.
The law-making process adheres to the viewpoint of focusing on amending contradictory regulations, causing difficulties, and requiring urgent amendments to facilitate investment, production, and business activities. The amended regulations must clearly define the amended content and assess specific impacts; ensuring independence, stability, and inheritance of content when amending and supplementing comprehensive laws.
Regarding the Law on Planning, this Law clearly stipulates the relationship between technical and specialized planning and planning in the national planning system to resolve problems regarding the basis for planning when higher-level planning has not been approved.
Regarding the Law on Bidding, this Law amends a number of contents of the Law on Bidding to allow the approval of contractor selection results before the project is approved or the signing of contracts with contractors before international treaties and foreign loan agreements are signed, in order to contribute to saving time and speeding up the implementation progress of projects and bidding packages.
