Proactively respond to and promptly overcome emergency situations
On the afternoon of March 14, continuing the 43rd Session, the National Assembly Standing Committee gave opinions on the draft Law on Emergency Situations.
At the meeting, on behalf of the drafting agency, General Nguyen Tan Cuong, Chief of the General Staff, Deputy Minister of National Defense, presented the Report on the necessity, purpose of promulgating the law, viewpoint on law-making, main contents of the draft Law on Emergency Situations (TTKC) ...
According to General Nguyen Tan Cuong, the purpose of promulgating the Law is to ensure unity, synchronization and improve the effectiveness and efficiency of the legal system on TTKC; create a legal basis for law enforcement to enhance proactiveness in responding to and overcoming promptly and effectively in case of emergency situations, contributing to protecting the State and the People, the legitimate rights and interests of organizations and individuals.
The draft Law on Emergency situation stipulates the principles, order, procedures, and authority to promulgate, announce, and abolish TTKC; measures applied in emergency situations; organize the implementation of Resolutions to promulgate, Orders to declare emergency situations; responsibilities of agencies, organizations, and individuals in emergency situations.
The draft Law consists of 6 chapters and 42 articles, including general regulations; Promulgation, promulgation, and cancellation of TTKC; Measures applied in TTKC; Organizing the implementation of Resolutions promulgated, Orders to promulgate TTKC; Responsibilities of agencies, organizations, individuals and implementation provisions.
Submitting to the National Assembly at the 9th session
Presenting the review report, Chairman of the National Assembly's Committee for National Defense, Security and External Affairs (NCPD) Le Tan Toi said that the Standing Committee of the NCPD agreed on the necessity of promulgating the Law with the political, legal and practical bases as stated in the Government's Submission and said: The promulgation of the NCPD Law is to institutionalize the Party's guidelines and policies on perfecting the system of legal documents on disaster prevention and control and overcoming; ensuring compliance with the provisions of the 2013 Constitution on human rights and civil rights. The promulgation of the Law aims to promptly overcome shortcomings and limitations in the practical implementation of the law on TTKC, especially since the COVID-19 pandemic.
Regarding measures applied in an emergency, the Standing Committee of the National Assembly Standing Committee believes that the regulation on measures applied in the TTKC is very important, creating consistency to apply when TTKC occurs; the draft Law stipulates 4 groups of measures applied corresponding to 4 types of TTKC. However, the division of this measure applied to TTKC types (4 types) is different from the classification of TTKC in Article 2 (Length Interpretation), so it is recommended to study and redesign the classification method of TTKC to ensure consistency.
The Standing Committee of the VBSP basically agrees with the regulation authorizing the Prime Minister: In case of necessity, the Prime Minister can apply measures that are not regulated by current law. However, to ensure compliance with the Constitution, it is recommended that the content of these measures must be consistent with the principles stipulated in Article 3, and it is necessary to continue to clarify the time of application, subjects, and specific measures to ensure feasibility...
In his concluding remarks, Vice Chairman of the National Assembly, Senior Lieutenant General Tran Quang Phuong said that through the discussion, the National Assembly Standing Committee highly appreciated the Government and the Ministry of National Defense for being proactive, proactive, efforts, and responsibility in the process of preparing draft laws to ensure the correct progress according to regulations. The National Defense, Security and Foreign Affairs Committee actively conducted a preliminary review to ensure quality.
The National Assembly Standing Committee agreed with the necessity of promulgating laws, basically agreed with many contents of the draft law submitted by the Government and the contents of the review. The draft basic law closely follows the Party's guiding viewpoint on innovation, improving the law-making process and the requirement for innovation in law-making thinking, and is eligible to be submitted to the National Assembly for consideration and comments at the 9th Session.
Through the review opinions and opinions expressed at the Session, Vice Chairman of the National Assembly Tran Quang Phuong suggested that the drafting agency continue to carefully review legal documents related to emergency situations and international treaties, to ensure consistency, compatibleness, and feasibility; harmoniously handle related regulations stipulated by other laws, ensuring consistency in the legal system.
Continue to study and institutionalize the views on innovation in thinking in law-making for the contents of state management responsibilities on decentralization, delegation of authority, and delegation of authority to the Government, the Prime Minister, ministries, and ministerial-level agencies; simplify administrative procedures, without specific regulations on processes, procedures, and records in the draft law.
