On April 8, continuing the program of the First Session, the 16th National Assembly listened to the presentation of the Submission on the draft Capital Law (amended). Authorized by the Prime Minister, Minister of Justice Hoang Thanh Tung presented the Submission.
According to Minister of Justice Hoang Thanh Tung, the revised Capital Law stipulates the position and role of the Capital; mechanisms, policies, authority, responsibility for building, developing and protecting the Capital.
The draft Capital Law focuses on delegating authority to the City to decide, creating maximum space for creativity and self-responsibility of the Capital Government; and at the same time strengthening the requirements for power control, inspection, supervision and accountability.
The amendment and completion are implemented in the direction of affirming the specific legal status of the Capital; the specific legal value, prioritized for application in the Capital of the Capital Law.
Regulations on the principles of applying the Capital Law, in which assigning the City People's Council the authority to decide on the application in cases where laws and resolutions of the National Assembly issued after the Capital Law takes effect stipulate preferential or more favorable mechanisms and policies.
The draft Law also supplements regulations on the principle of decentralization of power to the Capital Government in order to institutionalize the policy of strong decentralization and decentralization to Hanoi City.
Supplementing regulations on the authority to build and promulgate legal normative documents of the Hanoi City government.
Regulations on piloting mechanisms and policies to establish a legal framework for testing new management and development models and solutions.
At the same time, supplement regulations on land recovery to implement projects that need to be implemented immediately according to the direction of the Politburo, the Secretariat of the Party Central Committee, the Government Party Committee, and the Hanoi City Party Committee Executive Committee.
Regulations on the development of free economic zones, free trade zones and new economic types; supplementing regulations on the accountability of the City government; supplementing regulations on the mechanism for handling violations, eliminating, and exempting legal liability to handle violations when organizing the implementation of the Law.
Establish a mechanism to eliminate and exempt legal liability for heads, civil servants, public employees and individuals participating in building, promulgating, and implementing the Law and related documents, in cases of non-self-interest, who have fully complied with the procedures according to regulations in the process of performing tasks but still suffered damage.
Appraising this content, Chairman of the National Assembly's Law and Justice Committee Phan Chi Hieu said that the Law and Justice Committee highly agreed with the orientation of decentralizing power to Hanoi City in areas as proposed by the Government in order to promote its proactive role in policy design and implementation, in line with development requirements in the new period.
However, the Law and Justice Committee noted to continue to review and clearly define the authority between the subjects (People's Council, People's Committee and Chairman of the City People's Committee) in issuing legal normative documents.
Clarify the objectives, scope, conditions and mechanisms for implementing urban development policies, especially contents on spatial planning, transport infrastructure, logistics, environment, policies in the fields of education, health, science, technology...
Clarify the conditions, limits and control mechanisms for financial, investment, and resource policies to ensure flexibility but avoid duplication and limit risks; improve land policies in a transparent direction, ensuring harmony of interests of stakeholders and enhancing accountability requirements.
