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It is necessary to complete the draft Law on the Capital (amended) in a more concise and general direction.

According to Tin Tuc newspaper September 18, 2023 17:27

On September 18, the Hanoi Party Committee, People's Council and People's Committee held a conference to solicit opinions on the draft Law on the Capital (amended).

Chú thích ảnh
Hanoi city leaders chaired the conference

Attending the event were: Member of the Party Central Committee, Chairman of the Hanoi People's Committee Tran Sy Thanh; Chairman of the Hanoi People's Council Nguyen Ngoc Tuan; Deputy Secretary of the Hanoi Party Committee Nguyen Van Phong, along with many former city leaders and representatives of departments and branches.

At the conference, Chairman of the Hanoi People's Committee Tran Sy Thanh said that the Capital Law (amended) is a special law with many specific and breakthrough mechanisms, with a wide scope of impact, different from many current laws and sub-law documents, affecting the authority of many central agencies. Some new and breakthrough issues have complex content and are difficult in terms of legislative techniques.

The drafting of the Law on the Capital (amended) still faces some difficulties, obstacles, and many different opinions both in terms of viewpoints and in terms of turning them into specific laws. Therefore, the city hopes to receive many contributions from former city leaders; thereby, continuing to perfect the draft with specific, outstanding, effective, and efficient regulations, creating favorable institutions to build and develop the capital Hanoi into a civilized, modern, and civilized one.

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Comrade Pham Quang Nghi, former Politburo member, former Secretary of the City Party Committee, former Head of the National Assembly Delegation of Hanoi City, spoke.

Former Secretary of the Hanoi Party Committee Pham Quang Nghi said that the amendment of the Law at this time is ripe. The city has invested a lot of effort, enthusiasm and intelligence to build the dossier of the Law on the Capital (amended). However, it is necessary to complete the draft in a more concise and general direction; in which, making the most of the content of Resolution No. 15-NQ/TU dated May 5, 2022 of the Politburo on the direction and tasks of developing the capital Hanoi until 2030, with a vision to 2045.

Former Secretary of the Hanoi Party Committee Pham Quang Nghi suggested that the draft Law on the Capital (amended) should be adjusted to be more comprehensive and general, affirming its superiority over other laws. “The 2012 Law on the Capital has some specific provisions for Hanoi on administrative sanctions, but in my opinion, it is only superior, not superior. Because for Hanoi, violations such as construction order cause very complicated and serious consequences. If only the fine is twice as high as in other localities, people will still see it as very beneficial and willing to violate. Therefore, Hanoi can be allowed to regulate the fine level, approved by the City People's Council; the fine level can be many times higher than in other localities, even 50 times. We impose heavy fines so that we have to impose fewer fines, so that future people do not dare to violate. I hope that legislative bodies such as the Law Committee of the National Assembly and the Ministry of Justice will support Hanoi in that direction.”

Chú thích ảnh
Conference scene

According to former Chairman of Hanoi People's Committee Nguyen The Thao, the draft Law needs to be more concise. Regarding the name, this time, the Law has 2 additional chapters, so it can be called the amended and supplemented Capital Law; at the same time, it is necessary to unify the viewpoint that authority must go hand in hand with responsibility, not privilege; along with superior authority, the Capital must be exemplary, leading in all aspects and fields.

Regarding decentralization for Hanoi, former Chairman of Hanoi People's Committee Nguyen The Thao suggested that each proposal must be carefully calculated and considered, based on capacity, implementation ability, and related consequences... For example: it is necessary to consider more carefully the proposed regulation assigning the City People's Council to decide on changing the purpose of using production forest land under 1,000 hectares, rice land under 500 hectares to other purposes...

Commenting on the content of the regulation on relocating hospitals, schools, and polluting production facilities out of the inner city, former Chairman of the Hanoi People's Committee and former Minister of Health Nguyen Quoc Trieu said that the nature of the capital's planning is regional planning, so according to the Planning Law, it must comply with sectoral planning and national planning. The draft Law on the Capital (amended) needs to clarify this relationship to ensure that the relocation of the above facilities is feasible, appropriate, does not overlap, and does not violate specialized laws.

Chú thích ảnh
Chairman of Hanoi People's Committee Tran Sy Thanh speaks

In his concluding remarks and receiving comments at the Conference, Chairman of the Hanoi People's Committee Tran Sy Thanh said that the general spirit of the ministries and branches all supported the Law on the Capital (amended); at the same time, he emphasized: The city would like to seriously accept and assign specialized departments to specifically study and accept to perfect the articles, clauses, content and form of the draft Law on the Capital (amended) to ensure the highest quality before submitting to the National Assembly.

The structure of the draft Law on the Capital (amended) includes 7 chapters and 59 articles (an increase of 3 chapters and 32 articles compared to the 2012 Law on the Capital). The regulations are built in the direction of strong decentralization, innovation of the governance model, and enhancement of the autonomy and self-responsibility of the Capital government for the management and operation of all aspects of the economic and social life of the Capital. In particular, the draft Law on the Capital adds the principle of priority in applying the Law on the Capital to help the Law maintain its effectiveness in cases where laws and resolutions of the National Assembly issued later have provisions different from the Law on the Capital.

According to Tin Tuc newspaper
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It is necessary to complete the draft Law on the Capital (amended) in a more concise and general direction.