On the afternoon of May 28, the 15th National Assembly continued its 7th session to discuss the draft revised Capital Law. The main issue discussed was how much power Hanoi needs to be given, and how specific it needs to be to be both outstanding and innovative in policy, creating momentum for the capital to develop while still ensuring the consistency of the legal system.
Minimize projects that must convert forest land
This draft law continues to propose allowing the Hanoi People's Council to decide on urban railway projects, urban railway projects under the TOD model, including cases of land use requiring the conversion of production forest land use purposes from 1,000 hectares or more, rice land from 500 hectares or more, and resettlement of 50,000 people or more. In addition, the draft law also proposes to empower the Hanoi People's Council to decide on public investment projects, investment projects under the public-private partnership (PPP) method with no limit on total investment capital. Hanoi City is also allowed to decide on investment projects requiring the conversion of production forest land use purposes up to 1,000 hectares, rice land up to 500 hectares to other purposes in accordance with the planning and land use plans decided by competent authorities.
Chief Justice of the Supreme People's Court Nguyen Hoa Binh explains the draft revised Law on Organization of People's Courts
Gia Han
However, many delegates suggested that it is necessary to carefully consider the regulation allowing Hanoi City to decide on investment projects that convert over 1,000 hectares of forest land and over 500 hectares of rice land, and resettle over 50,000 people.
Deputy Pham Van Hoa (Dong Thap delegation) said that Hanoi should only have the authority to decide on projects converting less than 1,000 hectares of forest and less than 500 hectares of rice land. Above this level, it is necessary to ask for permission from competent authorities. "I think that is more appropriate. Although there is a specific mechanism, it cannot be more specific than that," Mr. Hoa emphasized. Similarly, Vice President and General Secretary of the Vietnam Red Cross Society Nguyen Hai Anh (Dong Thap delegation) said that Hanoi's forest coverage rate is only 5.59%, belonging to the group of provinces and cities with low forest coverage rates in the country. From there, the Deputy said that Hanoi needs to focus on further preserving the area of forest land, minimizing projects requiring the conversion of production forest land; at the same time, there are solutions to increase the green area in the city's urban center. Delegate Nguyen Hai Anh also suggested that in special cases where it is necessary to convert production forest areas, stricter regulations and a mechanism for collecting public opinions should be added. He also suggested that the draft law on the capital city should stipulate a maximum area that can be converted instead of stipulating a minimum area of 1,000 hectares or more for forest land and 500 hectares for rice land.Concerns about urban government model
Meanwhile, Deputy Ha Sy Dong, Vice Chairman of the People's Committee of Quang Tri province, expressed concerns about the urban government model of the capital Hanoi in the draft law. According to him, Ho Chi Minh City and Da Nang have both organized a 1-level urban government model and it is also very effective because it is suitable for the characteristics of the urban area. Meanwhile, Hanoi is only piloting not organizing ward People's Councils (still keeping district People's Councils). "With the same urban characteristics, there cannot be many models of urban government organization. In Hanoi, there are 2 levels of government, while in Da Nang and Ho Chi Minh City, there is 1 level of government (no district and ward People's Councils are organized)", the delegate of Quang Tri delegation stated and suggested reviewing the organizational model to ensure consistency.
Delegate Pham Van Hoa (Dong Thap delegation)
Gia Han
Should we build a cultural industrial center on the Red River sandbank?
Delegate Pham Van Hoa (Dong Thap delegation) suggested that the drafting committee and Hanoi City "consider" the regulation allowing Hanoi City to build a cultural industrial center on the riverbanks, the Red River's floating beaches and other areas with advantages in terms of cultural space location in accordance with the planning. "I think the capital Hanoi does not necessarily have to use the riverbanks, the Red River's floating beaches to build a cultural industrial center... It will greatly affect the ecological environment and people's lives," said Delegate Pham Van Hoa. On the contrary, Delegate Nguyen Anh Tri (Hanoi City delegation) recognized that the alluvial and floating beaches on both sides of the Red River are almost unused land. If put into use, it could be a place to live and work for millions of people. However, sharing the opinion of Delegate Pham Van Hoa, Mr. Nguyen Anh Tri noted that the drafting committee needs to continue to perfect this content.Court collecting evidence will "give birth to a strange case"
On the morning of May 28, the National Assembly discussed a number of contents with different opinions in the draft revised Law on Organization of People's Courts. The Supreme People's Court proposed to innovate the court model based on jurisdiction, instead of administrative boundaries, including renaming the Provincial People's Court as the Appellate People's Court and the District People's Court as the First Instance People's Court. Besides the supportive opinions, many deputies did not agree with this proposal because they thought that renaming the courts was not really necessary. Explaining the above content, Chief Justice of the Supreme People's Court Nguyen Hoa Binh said that the innovation and organization of courts based on jurisdiction has a tradition, a resolution of the Party and regulations in the legal system. The Constitution stipulates that there are two levels of trial and this draft law also stipulates the tasks of the first instance trial level and the tasks of the appellate level, not mentioning district courts and provincial courts. According to Mr. Binh, the innovation of the court is also an international trend. "We will comply with whatever the National Assembly votes, it may remain the same, it may be renewed. But one thing is certain, this is the trend, if we don't do it today, our children will do it," said Mr. Binh. Another content in the draft that has received much attention is whether the obligation to collect evidence of the court should be abolished. Some opinions support the abolition because it will help the trial panel be more independent and objective; but there are also deputies who are concerned that if abolished, it will be difficult for the disadvantaged. Chief Justice of the Supreme People's Court Nguyen Hoa Binh said that taking into account the opinions of deputies from the previous session, the draft stipulates that the court will guide and support the parties in collecting evidence; there will be instructions on who will be supported later. Reiterating the opinion of a deputy who said that "80% of cases do not have lawyers participating, the court must be responsible for collecting evidence for the people", Mr. Binh said that no other country has regulations like ours. According to the Chief Justice of the Supreme Court, the plaintiff must have evidence to ensure that he wins before filing a lawsuit, not just bringing a petition to court. The court serves the people, but it is to ensure justice, to judge correctly, and to comply with the law, not to collect evidence. "The plaintiff is the people, the defendant is also the people. In a case, the plaintiff files a lawsuit, brings a petition to court, the court serves the plaintiff's people by going to agencies to collect evidence, then goes to serve the defendant's people to collect evidence, it creates a strange case where the two sides sue each other, while the court collects evidence and judges according to its own documents, this is the type of case that no other country does," said Mr. Binh.Thanhnien.vn
Source: https://thanhnien.vn/ha-noi-duoc-dac-thu-den-muc-nao-185240528222450404.htm
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