The Government gives opinions on 03 draft laws and 02 proposals for law making.

Prime Minister Pham Minh Chinh chaired the Government's special meeting on law making in September 2024.

At this Session, the Government gave opinions on 03 draft laws and 02 proposals for law making, including: Draft Law on Public Investment (amended); Draft Law on amending and supplementing a number of articles of the Law on Planning, Law on Investment, Law on Investment under the form of public-private partnership, Law on Bidding; Draft Law on amending and supplementing a number of articles of the Law on Securities, Law on Accounting, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public Assets, Law on Tax Administration, Law on National Reserves; Proposal to develop the Law on Press (amended); Proposal to develop the Law on Promulgation of Legal Documents (amended).

The Government resolved the following specific contents:

1. Regarding the draft Law on Public Investment (amended)

The Government agreed on the necessity of developing the draft Law on Public Investment (amended) and assessed that the content of the draft Law basically followed the 05 policy groups approved by the Government in Resolution No. 126/NQ-CP dated September 1, 2024 at the Government's thematic meeting on law making in August 2024.

Regarding the main content of the draft Law, in general, it has received consensus from the majority of relevant ministries, agencies and localities. The Ministry of Planning and Investment continues to carefully assess the implementation and development process of previous laws on public investment as well as current practices to ensure that the regulations are amended and supplemented in accordance with the conditions of economic and social development in the country and internationally.

The proposed revised and supplemented regulations on decentralization and delegation of authority need to ensure a reduction in time and procedures for implementing investment activities; especially the corresponding regulations on resource allocation (finance, human resources) so that decentralized and delegated agencies have sufficient capacity to perform their tasks and powers; clearly define the responsibilities of relevant agencies in the contents of public investment activities; mobilize in a concentrated manner, avoiding spreading domestic resources as well as official development assistance (ODA) capital and preferential loans from foreign donors; improve efficiency and capacity for project implementation and completion.

The Minister of Planning and Investment, authorized by the Prime Minister, on behalf of the Government, signed and submitted the draft Law to the National Assembly for consideration and approval according to the 1-session process at the 8th Session of the 15th National Assembly.

Deputy Prime Minister Nguyen Hoa Binh directed the review and development of this draft Law.

2. Regarding the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership method and the Law on Bidding

The Government agrees on the necessity of developing a Law to immediately remove urgent difficulties and obstacles as required in Resolution No. 101/2023/QH15 dated June 24, 2023 of the National Assembly, Resolution No. 110/2023/QH15 dated November 29, 2023 of the National Assembly and Resolution No. 93/NQ-CP dated June 18, 2024 of the Government on key tasks and solutions to promote growth, control inflation and stabilize the macro-economy; create favorable conditions for investment, production and business activities, contributing to unlocking all resources to promote growth. The content of the draft Law basically follows the Government's requirements and directions on focusing on amending and supplementing regulations to promote decentralization, delegation of power, cutting and simplifying administrative procedures, and combating harassment and intimidation of people and businesses. The Draft Law amends and supplements many provisions of 04 Laws, related to authority, order and procedures in the fields of planning, investment and bidding.

In addition to the general requirements for developing and completing draft laws and proposals for developing laws, the Government assigns the Ministry of Planning and Investment to continue researching and completing the dossier of this draft law with the following specific requirements:

Carefully review the revised and supplemented contents to ensure more open regulations for businesses and investors, but there must be a mechanism for inspection, supervision and handling of violations to avoid corruption and negativity in the process of organizing the implementation of the Law. Review the provisions of the Investment Law to ensure consistency and synchronization with the provisions of the law on sea area allocation to remove obstacles in the implementation of investment projects at sea; clarify the authority to approve investment policies for investment projects using sea areas with a range from 06 nautical miles to the end of Vietnam's sea areas.

Regarding planning adjustment according to shortened procedures: Ministry of Planning and Investment: (i) Clarify the practical basis for proposing to apply shortened procedures in cases where there are conflicts between plans at the same level; (ii) Determine specific conditions and criteria for planning adjustment; (iii) The necessity of regulating appraisal procedures by competent authorities to ensure strictness in the implementation process.

Regarding pre-bidding regulations: The Ministry of Planning and Investment clarifies the necessity and feasibility of regulating bidding packages that can be pre-bid and the procedures to be carried out before the project is approved; assesses risks for contractors in case the project is not approved.

The Government assigned the Ministry of Planning and Investment to preside over and coordinate with ministries and agencies to receive comments from Government members and comments from relevant ministries and agencies, and promptly complete the draft Law dossier; the Minister of Planning and Investment, authorized by the Prime Minister, on behalf of the Government, shall sign and submit to the National Assembly for consideration and approval of this draft Law at the 8th Session according to the 1-session process.

Deputy Prime Minister Nguyen Hoa Binh directed the review and development of this draft Law.

3. Regarding the draft Law amending and supplementing a number of articles of the Securities Law, Accounting Law, Independent Auditing Law, State Budget Law, Law on Management and Use of Public Assets, Tax Management Law, and National Reserve Law

The Government basically agrees on the content of this Law project. The Ministry of Finance will study and absorb the maximum opinions of Government members and relevant agencies to complete the content of the Law project, ensuring the following requirements:

Continue to review and evaluate to ensure thorough handling of difficulties and problems that need urgent handling; select urgent issues that do not have a legal basis for implementation to have appropriate regulations; ensure consistency with other relevant laws that have been amended and supplemented this time such as the amended Law on Public Investment... to avoid overlaps and conflicts, not create legal gaps when organizing the implementation of the Law, creating a transparent, safe, clear and fast investment environment.

Regarding amendments and supplements to the Securities Law: It is necessary to ensure an efficient and smooth trading market; carefully assess the impact and thoroughly study the proposed regulation of not continuing to allow individual professional investors to directly purchase individual corporate bonds on the development of the bond market; clarify the method of assessing and controlling the capacity of issuing organizations through the results of audits, inspections, and credit ratings; review the conditions for issuing securities to the public.

Regarding amendments and supplements to the Law on Accounting and the Law on Independent Auditing: Regarding the Law on Accounting, clarify the principles of applying accounting standards to facilitate enterprises and management agencies, and effectively supervise; enhance transparency, supplement public Financial Statements, and ensure information disclosure according to the provisions of relevant laws such as the Law on Enterprises and the Law on Securities to protect the interests of related parties.

Regarding the Law on Independent Auditing, carefully evaluate the level of administrative fines for individuals to ensure effectiveness, feasibility, and avoid negativity in the performance of public duties.

The Government assigned the Ministry of Finance to preside over and coordinate with relevant ministries and agencies to study and absorb opinions of Government members and opinions of relevant ministries, branches and agencies; revise and complete the draft Law dossier in accordance with the provisions of the Law on Promulgation of Legal Documents; assigned the Minister of Finance, authorized by the Prime Minister, to sign on behalf of the Government the Submission to the National Assembly of this draft Law at the 8th Session of the 15th National Assembly.

Deputy Prime Minister Ho Duc Phoc directed the review and development of this Law project.

4. On the proposal to develop the Press Law (amended)

The Government basically agrees on the necessity and objectives of the Law, and requests the Ministry of Information and Communications to study and absorb the opinions of Government members, ensuring the following requirements:

Perfecting mechanisms and policies for developing press activities in the direction of ensuring operating conditions, funding, and income for press agencies to carry out their tasks and propaganda orientation; at the same time, innovating management activities to be strict, transparent, in accordance with legal regulations, and in line with planning.

The Government agrees with the proposal of the Ministry of Information and Communications on 04 policy groups. The Ministry of Information and Communications continues to research and review the solutions of each policy to ensure that they are consistent with the goals and requirements of practice, specifically as follows:

Policy 1: Strengthen management of press activities: revise the policy of not allowing scientific journals to open representative offices in localities to ensure the journal's initiative and to be consistent with the principles and purposes of scientific journals; the scope of information of press agencies must be consistent with the principles, purposes and assigned tasks.

Policy 2: Improve the quality of journalists and press agency leaders: there should be incentive policies to improve the quality of journalists and press agency leaders to organize effective activities.

Policy 3: Promoting the development of the press economy: perfecting the policy to encourage the development of the press economy to operate in accordance with legal regulations; considering the name "press group" to match the nature of revolutionary journalism, avoiding different understandings and applications of the law.

Policy 4: Regulating press activities in cyberspace: perfecting policy solutions for press activities in cyberspace to both effectively manage and promote digital transformation in press activities; having tools to handle violations in cyberspace; having appropriate and timely forms of rewards and sanctions to prevent illegal profiteering from press activities.

The Ministry of Information and Communications is assigned to preside over and coordinate with the Ministry of Justice, the Government Office and relevant agencies to study and complete the policies in the Proposal for Law development, including the contents stated by the Ministry of Justice in the Appraisal Report and the press agencies stated at the Meeting; the Minister of Justice is assigned to be authorized by the Prime Minister, on behalf of the Government, to sign and submit to the National Assembly Standing Committee on the addition of this law to the Law and Ordinance Development Program for 2025.

Deputy Prime Minister Ho Duc Phoc directed the review and completion of the Proposal to develop this Law.

5. On the Proposal to develop the Law on Promulgation of Legal Documents (amended)

The Government agrees on the necessity of amending and supplementing the Law on Promulgation of Legal Documents to institutionalize the Party's guidelines and policies on the work of building and perfecting the legal system; perfecting the institution of promulgating legal documents, ensuring professionalism, science, timeliness, feasibility and efficiency; removing difficulties and obstacles in the work of building and promulgating legal documents in recent times; meeting the increasingly high requirements and demands on the progress and quality of institutional building, promptly proposing and promulgating legal documents to handle urgent and arising issues, creating a mechanism to attract resources, making an important contribution to socio-economic development and improving people's lives.

The Government assigned the Ministry of Justice to preside over and coordinate with relevant ministries and agencies to research and complete the dossier of the Proposal to develop the Law on Promulgation of Legal Documents with the following requirements:

Review and ensure consistency and unity with the provisions of the Constitution and the Laws on organizational apparatus (Law on Organization of the National Assembly, Law on Organization of the Government, Law on Organization of Local Government); closely follow the process of amending and supplementing the Laws on organizational apparatus.

Carefully assess the impact of policies, add policy options and solutions, and ensure that policies are reasonable, feasible, and effective.

Actively consult experts and scientists; promote policy communication to create consensus; coordinate effectively with relevant ministries, branches and agencies.

The Government assigned the Ministry of Justice to study and absorb as much as possible the opinions of Government members, relevant agencies and organizations, and complete the dossier of the Proposal for Law development; the Minister of Justice, authorized by the Prime Minister, on behalf of the Government, shall sign and submit to the National Assembly Standing Committee on the addition of this Law to the National Assembly's 2025 Law and Ordinance Development Program as prescribed.

Deputy Prime Minister Le Thanh Long directed the completion of the Proposal to develop this Law.

Tra Vinh Online Newspaper

Source: https://www.baotravinh.vn/trong-nuoc/chinh-phu-cho-y-kien-ve-03-du-an-luat-02-de-nghi-xay-dung-luat-40273.html