'Do not legalize previous violations'

Báo Tiền PhongBáo Tiền Phong10/10/2024


TPO - Vice Chairman of the National Assembly Nguyen Khac Dinh suggested focusing on handling very complicated issues in practice and "not legalizing previous violations", ensuring consistency and preventing legal risks.

This morning (October 10), the National Assembly Standing Committee gave opinions on the draft Law on 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 model and the Law on Bidding.

Open doors for public investment projects

Regarding the field of investment under the public-private partnership (PPP) method, Mr. Nguyen Chi Dung - Minister of Planning and Investment (MPI) - said that this amendment encourages the implementation of the public-private partnership (PPP) method for all projects in the public investment field.

Vice Chairman of the National Assembly: 'Do not legalize previous violations' photo 1

Minister of Planning and Investment Nguyen Chi Dung.

To handle problems with transitional BOT and BT projects, the Government proposed amendments to allow the application of the PPP Law in cases where contracts were signed before the law took effect and there were no regulations to regulate issues arising during project implementation.

Examining the proposal to apply BOT contracts to projects to renovate, upgrade and expand existing works, Chairman of the Economic Committee Vu Hong Thanh said that the renovation, upgrade and expansion of previous traffic works showed that some projects during the implementation process had collected opinions, with the consensus of local agencies.

However, when the project was put into operation and exploitation, a part of the people did not agree, so the fee collection could not be implemented, and until now there has been no suitable solution. Therefore, the Standing Committee of the Economic Committee proposed to supplement the assessment of the impact on service users and have a more suitable solution.

Regarding the handling of problems with transitional BOT and BT projects, the Standing Committee of the Economic Committee requested the Government to report to competent authorities to request policies to handle this content according to Regulation No. 178 of the Politburo on controlling power, preventing and combating corruption and negativity in law-making work.

“The Standing Committee of the Economic Committee recommends that only urgent, mature, clear, practically proven, and highly agreed-upon issues be amended before laws are developed and promulgated. Issues that are urgent and necessary, but are new and have not yet reached high consensus, will be considered during the process of comprehensively amending the PPP Law,” said Mr. Thanh.

Only amend mature, clear issues.

At the meeting, Chairman of the Law Committee Hoang Thanh Tung noted that only amendments and supplements should be made to what is really difficult and urgent, to avoid complicating the process of amending these four laws.

According to Mr. Tung, in the field of PPP, is the proposal to legalize many contents that are being piloted in the PPP Law appropriate? Mr. Tung suggested that it is necessary to summarize and evaluate how it is being implemented in practice and consider carefully and thoroughly during the revision process.

Vice Chairman of the National Assembly: 'Do not legalize previous violations' photo 2

Vice Chairman of the National Assembly Nguyen Khac Dinh.

Vice Chairman of the National Assembly Nguyen Khac Dinh also emphasized the view that amendments should only be made to resolve overall problems, and that they should be made as they arise, without being too perfectionist. “If the amendments leave behind consequences and cannot be handled, it will be even more difficult,” Mr. Dinh noted.

On that basis, the Vice Chairman of the National Assembly proposed focusing on handling very complicated issues in practice and "not legalizing previous violations", ensuring consistency and preventing legal risks.

Regarding the process and procedures, the Vice Chairman of the National Assembly noted that there is only one focal point. "Foreign investors only need to meet one person, that way it will be faster. If we go from one agency to another, each with a file, each with 30 to 50 days, it will take 2 to 3 years," said Mr. Dinh.

Vice Chairman of the National Assembly: 'Do not legalize previous violations' photo 3

Vice President of the National Assembly Nguyen Thi Thanh.

According to Vice Chairwoman of the National Assembly Nguyen Thi Thanh, when the National Assembly gave opinions on the Law on Investment under the PPP method, delegates questioned. Many projects previously invested under the public-private partnership method, but could not be implemented, were transferred to public investment.

Ms. Thanh also pointed out major problems, such as the mechanism for recovering state capital, people not agreeing with the location of toll stations, some BOT projects have declining revenue, are unlikely to recover, and pose potential risks to public order and security...

The Vice Chairman of the National Assembly suggested considering amendments carefully, only amending issues that are mature, clear, proven by practice, and have high consensus.

Regarding the amendment of the Law on Bidding, the Government proposed to add bidding packages that apply the form of contractor selection in special cases; amend regulations on applying direct procurement to the purchase of drugs for retail sale at drug retail establishments, in order to remove difficulties for drug retail activities at hospital pharmacies.

Presenting the review opinion, the Standing Committee of the Economic Committee requested the Government to explain and clarify the inspection and supervision mechanism to ensure publicity, transparency and economic efficiency when proposing to apply direct procurement many times and need specific opinions from the Ministry of Health on this content.

“There are opinions that, in reality, the Ministry of Health believes that there are no problems with bidding, amending this regulation is only convenient for management leaders, but is harmful to patients and basically does not meet the bidding goals; therefore, it is recommended not to amend this regulation,” said Chairman of the Economic Committee Vu Hong Thanh.

Luan Dung



Source: https://tienphong.vn/pho-chu-tich-quoc-hoi-khong-hop-phap-hoa-cac-sai-pham-truoc-day-post1680962.tpo

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