On the morning of November 27, the National Assembly discussed the revised Law on the Capital City. One of the controversial issues was the proposal to cut off electricity and water as a measure to prevent and ensure the handling of administrative violations in the fields of land, housing, construction, fire prevention and fighting.
There is no shortage of effective measures.
Delegate Thach Phuoc Binh (Tra Vinh delegation) was concerned that the Law on Handling Administrative Violations, amended in 2020, did not consider cutting off electricity and water as a coercive measure, even though many agencies, ministries and branches proposed it at that time.
Delegate Thach Phuoc Binh (Tra Vinh delegation) disagreed with the proposal to cut off electricity and water to enforce administrative violations.
According to him, the law does not recognize that cutting off electricity and water is reasonable because it affects the basic rights of citizens and the lives of people who have not committed administrative violations.
"For example, cutting off electricity and water at an apartment building while the investor is the violator, the residents living in the apartment building are affected," Mr. Binh said.
According to the delegate of Tra Vinh delegation, the measure of cutting off electricity and water is not a humane measure because it can easily affect basic human rights. He cited an example, according to the law, production and business establishments must ensure occupational safety and hygiene measures for workers, enough showers, suitable toilets, medical equipment, etc.
"Equipping showers and toilets for workers cannot be separated from the use of electricity and water. If electricity and water are cut off, it will invisibly push workers away from the guarantee of occupational safety and hygiene measures," Mr. Binh analyzed.
From there, Mr. Binh raised the question: "If it is believed that cutting off electricity and water will cause production and business establishments to stop operating, then why not directly apply the penalty of suspending operations for a period of time instead of cutting off electricity and water?"
Besides, with the goal of profit, if the power of a certain factory is cut off, the owner can force workers into a factory area that is not cut off from electricity and water, then the risk of illegal electricity connection and fire and explosion will exist.
According to the delegate, current regulations do not lack effective handling measures such as temporary suspension of operations which is legitimate, reasonable, and preventable, so why not prioritize application instead of applying measures that are inherently illegitimate?
According to Mr. Binh, if there are problems in applying current measures such as lack of inspection and examination personnel, it is necessary to strengthen law enforcement, not because of lack of legal tools.
"Admitting that cutting off electricity and water means we are using disorderly measures to maintain order," Mr. Binh said.
Application in Hanoi is necessary
Delegate To Van Tam (Kon Tum delegation) said that applying these measures in Hanoi is necessary.
Debating with the delegation of Tra Vinh, Standing Member of the Law Committee To Van Tam (Kon Tum delegation), said that the provisions in the draft law only apply to some areas such as land, housing, construction, fire prevention and fighting, not to all.
Second, cutting off electricity and water is only applied when a record has been made and administrative fines have been imposed but the establishments still do not correct the violations and continue to violate.
Besides, according to Mr. Tam, the regulation of cutting off electricity and water as a measure to prevent and ensure handling of administrative violations in the capital is necessary because Hanoi has very high requirements in ensuring security, order and social safety.
"We are also making specific regulations for the capital, which may be different from other localities. Therefore, it is appropriate to prescribe preventive measures in the capital," said Mr. Tam.
However, the Kon Tum delegation admitted that when applying this measure, it is necessary to pay attention not to affect surrounding residents and ensure their rights.
Article 34 of the draft law applies measures to prevent and ensure handling of administrative violations by stopping the provision of electricity and water services at the location of the violation for construction works, production and business establishments violating in the fields of land, housing, construction, fire prevention and fighting that have been recorded as administrative violations or have been administratively sanctioned.
Schools apply measures to cut off electricity and water
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 encroaching on public land or land under the legal use rights of organizations and individuals; construction works that are inconsistent with approved construction designs in cases exempted from construction permits;
Construction works, production and business facilities built on land areas with illegal change of land use purpose;
Houses built in areas where construction is prohibited or built on land that is not residential land according to the planning approved by competent state agencies;
Construction works and production and business establishments that have not been inspected and accepted for fire prevention and fighting have been put into operation;
Discotheque, bar and karaoke business establishments do not ensure fire prevention and fighting safety conditions.
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