The Government has submitted a report on the Draft Resolution of the National Assembly on specific mechanisms and policies to handle violations of laws related to the state economy, private economy and the application of science, technology, innovation, and digital transformation to the National Assembly Standing Committee.
According to the Government's report, the promulgation of the Resolution aims to institutionalize the Party's viewpoints and policies.
At the same time, it creates a legal basis to protect dynamic, creative cadres who dare to think, dare to do, for the common good, not corrupt, wasteful, or negative.
The Resolution also shows the humanity and leniency of the Party and State; taking political, economic, and social efficiency as the basis for considering and handling appropriately.
The Resolution also stipulates the handling of violations of laws related to the state economy, private economy and the application of science and technology, innovation, and digital transformation.
According to the Government's report, the Resolution stipulates criminal handling policies, including: not prosecuting criminal liability; excluding criminal liability for people who encounter risks and damages due to the application of science and technology, innovation, and digital transformation; temporarily postponing criminal prosecution; exemption from criminal liability.
For each criminal policy, the draft Resolution stipulates different conditions for implementation.
For cases where criminal prosecution is not prosecuted or criminal liability is exempted, 6 conditions must be met.
These include no corruption; for the common good; investment, production, business, application of science and technology, innovation, and digital transformation activities have been completed, bringing socio-economic efficiency to localities and the country; no complaints or denunciations or complaints or denunciations have been resolved definitively according to regulations; no loss or waste of property, in case of loss or waste of property, the entire amount has been remedied; the perpetrator has clearly declared the incident, effectively contributing to the detection and handling of crimes.
The draft Resolution also stipulates 2 cases of excluding criminal liability for people who encounter risks and cause damage due to the application of science and technology, innovation, and digital transformation.
The first case is to exclude criminal liability for innovation and digital transformation activities when encountering risks and damages but having complied with the correct procedures and regulations.
The second case is to exclude criminal liability for the person who suffered damage in cases where there is no legal regulation on procedures and implementation regulations; between legal regulations that are still contradictory and overlapping, not meeting the requirements of practice but not corrupt, for the common good and have completed tasks and brought about efficiency.
Regarding the suspension of criminal prosecution, the draft Resolution stipulates cases of suspension if 3 conditions are met.
Including acts of violating the law but for the common good; causing loss and waste of state assets and business assets but not corruption; ensuring feasibility to remedy consequences for activities being carried out, not completed or not yet remedyed.
At the same time, to implement this criminal policy, Articles 9 and 10 of the draft Resolution stipulate the order and procedures of criminal proceedings and the order and procedures in criminal judgment enforcement.
According to the plan, the draft resolution will be submitted to the National Assembly for consideration and approval at the extraordinary session in August.
It is expected that this Resolution will be implemented within 3 years from the date of effective implementation.
In case after the expiration date, but the period of suspension of criminal prosecution to remedy consequences is still valid, it shall continue to be implemented until the expiration of the suspension period, but not more than 2 years.
