Overcoming violations of laws on fire prevention and fighting
On the morning of June 28, with 462/470 delegates participating in the vote in favor (accounting for 95.06%) the National Assembly passed the Capital Law (amended). The law consists of 7 chapters and 54 articles.
In which, Article 33. Measures to ensure social order and safety in the Law on the Capital (amended) stipulates:
The handling of administrative violations in the City is carried out according to the following regulations: The City People's Council shall prescribe a fine level higher than, but not exceeding, twice the general fine level prescribed by the Government and not exceeding the maximum fine level prescribed by law on handling administrative violations for a number of corresponding administrative violations in the fields of culture, advertising, land, construction, fire prevention and fighting, food safety, road traffic, environmental protection, security, order and social safety in the City;
The person with the authority to impose fines for administrative violations prescribed by the Government in the fields prescribed in Point a of this Clause has the authority to impose fines corresponding to higher fines prescribed by the City People's Council for violations in that field.
In cases where it is absolutely necessary to ensure security, order and social safety in the City, the Chairman of the People's Committee at all levels may apply measures to request the suspension of electricity and water supply to construction works, production and business establishments:
Construction works that are not in accordance with planning, construction works that do not have a construction permit for works that are required to have a permit or construction works that are not in accordance with the contents specified in the construction permit; construction works that are not in accordance with the approved construction design for cases exempted from a construction permit;
Construction works on encroached or occupied land according to the provisions of the law on land; construction works subject to approval of fire prevention and fighting designs but carried out without a certificate or document approving fire prevention and fighting designs; construction works not in accordance with approved fire prevention and fighting designs;
Construction works and production and business establishments that have not been inspected and accepted for fire prevention and fighting have been put into operation; dance hall and karaoke service establishments do not ensure fire prevention and fighting safety conditions; construction works that must be demolished have been subject to an emergency relocation decision.
Chairman of the National Assembly's Committee on Law Hoang Thanh Tung.
Before the National Assembly deputies pressed the button to vote, presented reports explaining, accepting and revising the draft Law on the Capital (amended), Chairman of the National Assembly's Law Committee Hoang Thanh Tung said:
Regarding policies on construction, development, management, protection of the Capital and mobilization of resources for the development of the Capital, on the basis of receiving opinions from National Assembly deputies and opinions from the Government, the Standing Committee of the National Assembly has received and revised regulations on management and use of land at river banks and floating banks on diked rivers, ensuring compliance with planning and requirements on flood prevention and control (in Articles 17, 18, 21 and 32).
Regarding the application of measures to stop providing electricity and water services, the Standing Committee of the National Assembly has directed to carefully review and supplement cases of applying this measure to overcome violations of the law on fire and explosion prevention and fighting in the City in the past (points c and d, clause 2, Article 33); supplement transitional regulations on the responsibility to supplement electricity and water service contracts signed before the effective date of this Law (clause 8, Article 54)...
Supplementing regulations on decentralization and authorization
In addition, regarding the organization of urban government (Chapter II), based on the opinions of National Assembly deputies, the draft Law has been reviewed and revised in the direction of regulating the organizational structure and tasks and powers of government levels in Hanoi city, not only in accordance with the provisions of the Law on the Capital but also the provisions of the Law on Organization of Local Government (Clause 1, Article 8);
National Assembly deputies voted to pass the Law on the Capital (amended).
Supplementing the authority of the Ward People's Committee in deciding on contents that, according to regulations in other legal documents, must be decided by the People's Council at the commune level or must be approved by the People's Council at the commune level before deciding or submitting to competent authorities for consideration and decision (Point e, Clause 1, Article 13).
At the same time, along with the provisions on decentralization and delegation of authority between levels of government of Hanoi city (Article 14), the draft Law has added provisions on decentralization and delegation of authority by the Government, Prime Minister, Ministries and branches to agencies of Hanoi city (Articles 49 and 50) to specify the policy of promoting decentralization and delegation of authority.
Chairman of the Law Committee Hoang Thanh Tung stated that because the Capital Law only stipulates specific mechanisms and policies, demonstrating strong decentralization for the Hanoi city government, in addition to this Law, the Capital is still subject to the regulation of other laws and documents in the overall legal system.
Therefore, the Standing Committee of the National Assembly acknowledges the dedicated, accurate and responsible opinions of the National Assembly deputies to continue researching and directing the review, amendment and supplementation of relevant laws, ordinances and Resolutions to perfect the legal system in the coming time;
At the same time, together with the Government, the Hanoi city government continues to thoroughly grasp the process of issuing detailed regulations, implementing instructions and organizing the implementation of the Capital Law .
Source: https://www.nguoiduatin.vn/cong-trinh-vi-pham-pccc-bi-cat-dien-nuoc-theo-luat-thu-do-sua-doi-a670531.html
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