According to delegate Thach Phuoc Binh, the regulation of cutting off electricity and water to violating construction projects does not affect the investor, while people who did not do anything wrong are fined.
"That is inhumane. This is also using disorderly measures to maintain order," said Deputy Head of the Tra Vinh Delegation Thach Phuoc Binh at the discussion session of the draft revised Law on the Capital City on the morning of November 27.
Article 34 of the draft law stipulates that the authorities at all levels of Hanoi City are allowed to apply preventive measures and request the suspension of electricity and water services at the location of the violation, which is a construction, production or business establishment violating the laws in the fields of land, housing, construction, fire prevention and fighting if a record has been made or an administrative penalty has been imposed.
According to Mr. Thach Phuoc Binh, this enforcement measure was first stipulated in Decree 180/2007 detailing and guiding the implementation of a number of articles of the Construction Law on handling violations of urban construction order. After that, many agencies proposed to add content to the Law on Amendments and Supplements to a number of articles of the Law on Handling of Administrative Violations, but it was not approved by the National Assembly.
"I think this measure should not be included in the bill because it will affect basic human rights and the lives of people who have not committed administrative violations," he said.
Delegate Thach Phuoc Binh speaks on the morning of November 27. Photo: National Assembly Media
The deputy head of the delegation from Tra Vinh said that production and business establishments must ensure safety and hygiene for workers, such as showers, toilets; medical equipment for first aid and rescue when technical incidents occur. These jobs require the use of electricity and water. Therefore, production and business establishments that cause pollution and have their electricity and water cut off are invisibly pushing workers away from ensuring these minimum needs.
"If the drafting agency believes that cutting off electricity and water will suspend production and business activities, why not apply this method directly instead of cutting off electricity and water?" Mr. Binh said, worrying that some factories will force workers into areas that are not cut off, causing pollution to continue, and even illegal electricity connections that pose a risk of fire and explosion.
According to delegate Thach Phuoc Binh, current laws do not lack effective measures to deal with violations of construction and environmental pollution, such as temporary suspension of operations. If these measures are applied without human resources to inspect and check, he recommends strengthening the organization and enforcement of the law.
Having an opposite view, delegate To Van Tam (Standing member of the Law Committee) agreed with this regulation. Mr. Tam said that with its special location and role, the capital concentrates a very large number of residents and tourists, so there are high requirements for ensuring security, order and social safety.
"This measure is not suitable for nationwide application, but with the characteristics of the capital, such strong and specific regulations to prevent violations are appropriate," said delegate Tam.
Delegate To Van Tam (Standing member of the Law Committee) at the parliament. Photo: National Assembly Media
However, he also agreed with delegate Thach Phuoc Binh, saying that when applying measures to cut off electricity and water, it must be ensured that it does not affect people with related rights and interests. He proposed that the drafting agency consider applying this measure to some specific areas; apply it to facilities and constructions that have been recorded or fined but have not made any improvements.
The Vietnam Bar Federation said that the regulations on administrative sanctions do not require businesses and organizations providing electricity and water services to stop providing services to constructions, production and business establishments that violate the regulations. If the regulations in the Capital Law are like that, these measures do not have a specific legal mechanism and are not in accordance with the 2012 Law on Handling of Administrative Violations.
According to the Vietnam Bar Federation, Hanoi may be given more power but cannot introduce mechanisms that do not exist in the Vietnamese legal system. The measure of cutting off electricity and water could severely affect people living, temporarily residing, and renting apartments in illegal constructions such as apartment buildings and office buildings for rent.
The Ministry of Public Security also believes that it is necessary to carefully study this preventive measure and specifically stipulate in the law the authority, order, procedures, and applicable cases to have a basis for implementation and application in practice.
In early September, reporting on the drafting of the revised Law on the Capital, Hanoi explained that the form of cutting off electricity and water to previously violating constructions was stated in Decree 180 guiding the implementation of a number of articles of the 2003 Construction Law. The 2014 Construction Law no longer has this provision, causing difficulties in handling violations in a number of localities, including Hanoi.
The revised Law on the Capital is expected to be discussed for the first time by the National Assembly and will be considered and approved at the mid-2024 session.
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