The Government gives opinions on 3 draft laws and 1 proposal to build a law.

The Government issued Resolution No. 42/NQ-CP dated April 4, 2024. Special session on law making in March 2024.

In the Resolution, the Government gave opinions on 3 draft laws and 1 proposal to develop a law, including the Draft Law on Fire Prevention, Fire Fighting and Rescue; Draft Law on Urban and Rural Planning; Draft Law on Geology and Minerals; and Proposal to develop a Law on Management and Investment of State Capital in Enterprises.

Clearly classify renovation projects that must have fire prevention and fighting solutions and designs.

To complete the draft Law on Fire Prevention, Fire Fighting and Rescue, the Government requests the Ministry of Public Security to study and absorb the maximum opinions of Government members, ensuring the following requirements:

Continue to strengthen decentralization, delegation of authority, have a monitoring and inspection mechanism; promote simplification of administrative procedures; clearly define the responsibilities of relevant agencies, organizations, and investors; do not cause conflicts with other laws, especially newly issued laws; have a transitional mechanism for projects and works in progress; promote prevention and ensure fire safety; unstable contents need to be assigned to the Government to regulate to ensure flexibility and suitability to reality.

There is a policy to encourage technology transfer for the production of fire prevention, fire fighting, rescue and relief equipment in Vietnam.

Regarding the scope of the Law: unifying the regulation of rescue activities for common accidents and incidents occurring in daily life that do not yet reach the level of civil defense according to the Law on Civil Defense.

Regarding the application of international and foreign standards: it is recommended to review and ensure regulations are suitable for Vietnam's conditions; encourage international and foreign standards to have higher fire prevention and fighting safety regulations than Vietnam's.

Regarding the requirement for fire prevention and fighting solutions and designs for renovation works: continue to review and clearly classify to what extent renovation works require fire prevention and fighting solutions and designs to ensure feasibility and avoid causing problems in practice.

Regarding authority, responsibility, order, procedures for examining, appraising fire prevention and fighting designs, and acceptance: The Ministry of Public Security shall preside over and coordinate with the Ministry of Construction to continue reviewing and unifying this regulation in a manner consistent with the law on construction; ensure human resources for implementation; simplify administrative procedures, implement "one-stop shop" to facilitate people and businesses; for military works, facilities, and vehicles, the Ministry of National Defense shall be responsible for management, and have a coordination mechanism with the Ministry of Public Security...

Promoting decentralization and delegation of authority in the establishment, approval, adjustment and management of urban and rural planning.

The Government basically agrees on the content of the draft Law on Urban and Rural Planning. The Ministry of Construction studies and fully absorbs the opinions of Government members, perfects the content of the draft Law, ensuring the following requirements:

Clarifying the political basis, legal basis, practical basis, assessing difficulties and inadequacies, convincingly arguing the necessity of developing the Law; clarifying the scope of regulation of this Law and its relationship with related laws.

Comprehensively review the draft Law, ensure the institutionalization of the Party's viewpoints, policies and guidelines on urban planning, construction, management and sustainable development, overcome limitations, inadequacies and obstacles in practice and current laws towards simplifying administrative procedures; strengthen decentralization and delegation of power; ensure the consistency and unity of the legal system, especially laws on land, planning, construction and other fields related to urban and rural areas, avoid overlap and duplication in management; meet the requirements of sustainable development, ensure harmony between economic development and cultural, social and environmental protection factors.

Clarifying the policy content on the urban and rural planning system, classifying urban and rural planning; the relationship between types of urban and rural planning in the national planning system and between the city's master plan and specialized technical plans (these are essential plans for the overall development of the city); ensuring unity, synchronization, compliance with hierarchy, maximum streamlining of planning types, avoiding duplication of content between plans; planning of urban and rural systems must be based on socio-economic conditions, natural conditions, forecast of population size, role, nature of each urban area, rural area, land use needs, resources, etc.; the planning period must be consistent with the planning period and vision according to the provisions of the Law on Planning; there must be mechanisms and policies to mobilize legal resources to support urban and rural planning activities, not creating a burden on the budget; At the same time, research mechanisms to control the deployment of resources, ensure transparency, efficiency, and planning quality...

Avoid loss, corruption, waste and negativity in mineral exploitation

The Government basically agrees on the content of the draft Law on Geology and Minerals. The Ministry of Natural Resources and Environment will study and absorb the maximum opinions of Government members, perfect the content of the draft Law, ensuring the following requirements:

Comprehensively review the draft Law, study and perfect the coordination mechanism between agencies, ministries, branches and localities to overcome limitations, shortcomings and difficulties in practice, enhance the effectiveness of state management, ensure the exploitation of mineral resources effectively, in accordance with the market mechanism, under strict state management, avoid loss, corruption, waste and negativity; protect national interests, protect the environment; resolve shortcomings and difficulties of current laws towards simplifying administrative procedures, creating favorable conditions for organizations and individuals participating in mineral exploitation activities; ensure the unity, synchronization, transparency and feasibility of the legal system.

Strengthen decentralization for local authorities in conjunction with implementation resources; at the same time, have a mechanism for early and remote control by central agencies over projects under their authority; perfect the licensing and registration process, ensure transparency, simplify procedures, and clarify the responsibilities of relevant agencies, organizations, and individuals.

Review specific provisions in the draft Law that have content related to other legal provisions to avoid conflicts and contradictions, ensure the consistency of the legal system, especially provisions related to planning, investment, auction, bidding, use of state budget, environmental protection, water resources, forestry, cultural heritage, etc.

Strengthening the initiative of agencies and representatives of state capital ownership in enterprises

The Government agrees on the necessity of developing the Law on Management and Investment of State Capital in Enterprises and the objectives of the 06 policies in the proposal to develop the Law; assigns the Ministry of Finance to study, absorb the maximum opinions of Government members, complete the dossier of the Proposal to develop the Law, ensuring the following requirements:

Fully institutionalize the Party's policies and guidelines and the National Assembly and Government's directions on continuing to innovate, promote the role and improve the efficiency of state-owned enterprises; closely follow the process of reviewing Resolution No. 12-NQ/TW dated June 3, 2017 of the 5th Conference of the 12th Party Central Committee on continuing to restructure, innovate and improve the efficiency of state-owned enterprises to promptly update and perfect policy content during the Law-making process.

Strengthening the assignment and decentralization, enhancing the role and responsibility, and enhancing the proactiveness of agencies and representatives of state capital ownership at enterprises; clearly distinguishing the state management function from the function of representing state capital ownership; perfecting the mechanism of supervision, inspection, and examination of agencies and representatives of state capital ownership at enterprises regarding the results and efficiency of production and business activities of enterprises.

Clearly explain in the Proposal for Law making dossier on ensuring the compatibility of policy content with relevant international treaties to which the Socialist Republic of Vietnam is a member.

Carefully review the name and scope of the Law to clearly explain the non-regulation of "use of state capital" in the name and scope of regulation, ensuring that no legal gaps are created during the implementation of the Law.

Thoroughly assess the impact of expanding the scope of application to include "enterprises with other state-invested capital", ensuring feasibility and compliance with Resolution No. 12-NQ/TW on defining "state-owned enterprises" and "state capital."

Regarding the scope of state capital investment in enterprises: clearly explain the reasons for proposing to add the scope of capital investment in a number of new industries and fields, ensuring specific and correct institutionalization of the Party's policy on "... focusing on key and essential fields; important areas of national defense and security; fields in which enterprises of other economic sectors do not invest".

Clearly explain the reason for the proposed regulation that the Prime Minister approves investment policies for cases with investment value from VND 5,000 billion to less than VND 15,000 billion; the National Assembly approves investment policies for cases with investment value from VND 15,000 billion or more...

The Government assigned the Ministry of Finance to preside over and coordinate with relevant ministries and agencies to study and absorb the opinions of Government members; revise and complete the dossier of the Proposal to develop the Law on Management and Investment of State Capital in Enterprises in accordance with the provisions of the Law on Promulgation of Legal Documents; report to the Prime Minister before submitting to the National Assembly Standing Committee for consideration and decision to add it to the 2024 Law and Ordinance Development Program to submit to the National Assembly for consideration and comments at the 8th Session, October 2024.