Quang Tri Province National Assembly Delegate Ha Sy Dong speaks at the National Assembly on the morning of June 23 - Photo: NL
Prolonged legal problems cause practical congestion
According to delegate Ha Sy Dong, the current legal system still has many overlapping, contradictory, inconsistent or unclear regulations between laws, especially in the fields of investment, land, construction, bidding, environmental resources, finance, budget, etc. These bottlenecks have been reported by localities, ministries and branches for many years, hindering the process of organizing the implementation of public investment projects, attracting private investment, disbursing investment capital, digital transformation, reforming administrative procedures and implementing national target programs.
Although the National Assembly , the Government and relevant agencies have implemented a program to review and amend laws, the progress and results have not yet met practical requirements. “If we continue to wait for law amendments, we will miss many development opportunities, affecting trust and operational efficiency,” the delegate emphasized.
The special resolution is necessary, within the authority and suitable for practice.
Based on that reality, delegate Ha Sy Dong completely agreed with the proposal to issue a resolution of the National Assembly according to Clause 2, Article 15 of the Law on Promulgation of Legal Documents, allowing the National Assembly to decide to temporarily apply regulations different from current laws, in order to promptly remove difficulties and create conditions to promote socio -economic development.
Delegates highly appreciated the proactive and practical approach of this draft resolution when it gathered 25 outstanding groups of issues with wide and systematic impacts. Among them, many proposals are of important significance such as: adjusting the criteria for important national projects to remove bottlenecks for large infrastructure projects; removing obstacles in BT contracts in the PPP sector, which have been stalled for many years due to unclear payment regulations; flexibility in determining land prices, land allocation, land lease, land use purpose conversion and capital contribution using land use rights, contents that are causing delays in many localities; specific instructions on bidding, bid designation, investor selection, payment for construction and installation volumes... contributing to promoting public investment progress and attracting private participation in infrastructure development.
In addition to agreeing with the content and approach of the draft, delegate Ha Sy Dong also frankly proposed a number of contents to perfect the resolution, ensure feasibility and limit the occurrence of negativity: supplement the implementation principle of "transparency, publicity and accountability", avoid arbitrary application leading to the mechanism of asking for and giving; the contents of granting flexible powers to localities, ministries and branches need to be accompanied by regulations on publicizing the handling plan and monitoring process; the effective period of the resolution must be clearly defined.
At the same time, there are provisions on impact assessment and summary of the implementation process to promptly include it in the law amendment program; it is necessary to ensure close connection between this resolution and the law and ordinance making program of the National Assembly to ensure consistency of the legal system and enhance the legislative capacity of the National Assembly in the coming time.
Proposal to build a controlled "legislative sandbox" mechanism
From the practice of drafting this resolution, delegate Ha Sy Dong recommended that the National Assembly study and institutionalize the model of a “controlled legislative sandbox”, which allows policy testing within the framework of the resolution, with limits, deadlines, and close reporting and monitoring. This is a modern approach, consistent with international practice, and also in line with the direction of Resolution No. 66-NQ/TW of the Politburo on building and perfecting a synchronous, unified, feasible and integrated legal system.
Finally, the delegates proposed that the National Assembly assign the Government to promptly issue specific and clear guidance documents to avoid the situation of "having resolutions but not daring to implement them" and expected to create a temporary but effective, transparent and controlled operating mechanism.
Nguyen Ly - Thanh Tuan
Source: https://baoquangtri.vn/dbqh-ha-sy-dong-can-co-che-tam-thoi-linh-hoat-va-minh-bach-de-thao-go-cac-vuong-mac-phap-ly-194535.htm
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