Delegate Pham Trong Nghia (National Assembly Delegation of Lang Son province):
Promoting Hanoi's connectivity in the regions
The Draft Law on the Capital (amended) explains that the Capital Region is an area of socio-economic development linkage including Hanoi city and a number of neighboring provinces and centrally-run cities as decided by the Government. At the same time, the Draft Law devotes Chapter V to regulating the relationship of Hanoi capital in the four regions.
The Red River Delta region according to Resolution No. 81/2023/QH15 dated January 9, 2023 of the National Assembly on the national master plan includes Hanoi and 10 provinces and cities. The Northern Key Economic Zone according to Decision No. 198/QD-TTg dated January 25, 2014 of the Prime Minister includes Hanoi and 6 provinces and cities. The Northern Dynamic Zone according to Resolution No. 81/2023/QH15 includes Hanoi and district-level areas along National Highway 5 and National Highway 18 through 5 provinces and cities.
Thus, each region has different socio-economic conditions, strengths and characteristics. Accordingly, the content and mechanism of the capital's linkage in each region must also be different, however, the provisions of the draft have not yet reflected this difference. Therefore, I think it is necessary to evaluate more carefully, thereby supplementing more specific regulations to prescribe the most appropriate and effective mechanism and content to promote Hanoi's linkage in the regions.
In addition, I highly appreciate the provisions in the draft Law on the controlled testing mechanism. This is the first provision at the legal level to regulate this extremely important issue, responding to the requirements for scientific and technological development.
According to the Draft Law, the testing mechanism is applied in all fields with 4 conditions. I propose a cautious approach, ensuring good control. The Law should specifically limit a number of fields that are allowed for controlled testing. At the same time, it is recommended to consider not allowing testing in fields that directly affect national defense, national security or the field of human gene modification/editing... In case these fields are still allowed for testing, it is necessary to add a provision to seek the opinion of the specialized management ministry before granting a license.
In addition, the Draft Law currently focuses mainly on regulating the input of the testing mechanism without any regulations on how to suspend, temporarily suspend, or withdraw from the testing mechanism; and what are the legal consequences when the testing mechanism ends. Therefore, it is necessary to consider adding these contents to the Draft Law.
Delegate Pham Van Thinh (National Assembly Delegation of Bac Giang province):
Hanoi will have a breakthrough development
The Draft Law on the Capital (amended) has received the opinions of the National Assembly deputies in a very high quality manner. With these mechanisms and policies, I think the Capital will have a very breakthrough development. Not only do they have a special meaning for the Capital, but when we study these mechanisms and policies carefully, we will see the experiences for localities in the process of implementing their development tasks.
Regarding environmental protection, it is necessary to supplement the regulation assigning the Hanoi People's Committee to decide on approving environmental impact assessment reports for projects under the authority of the City People's Council to decide on investment policies, creating more convenience for localities. Because in reality, there is a regulation that Hanoi's authority is to decide on investment policies for projects up to about 300ha to 500ha.
However, if this condition is not stipulated, according to the Law on Environmental Protection and current guiding decrees, for projects with the intention of using 10 hectares of rice fields or more, the authority to assess the environmental impact report belongs to the Ministry of Natural Resources and Environment. This will make the procedures cumbersome, while the Draft Law stipulates a very strong decentralization from the authority and investment policy from the Prime Minister down to Hanoi City. Therefore, in the environmental field, more authority should be delegated to Hanoi City.
When handling the transition, there is a point: for the land area that has been invested in infrastructure but has not been leased, the Hanoi People's Committee will recover the land and lease the land directly to investors. Such a regulation will lead to misunderstanding that the city will recover the land of the Hoa Lac High-Tech Park itself. Therefore, it should be amended to "for the area that has been invested in infrastructure at the Hoa Lac High-Tech Park but has not been leased, the Hanoi People's Committee will lease the land to investors according to the Land Law, the rights and interests of the infrastructure business investors are guaranteed according to the investment certificate issued by the competent authority before this law takes effect". Such a regulation is to avoid the possibility that infrastructure investors in the Hoa Lac High-Tech Park may be affected in terms of their interests.
Delegate Khuong Thi Mai (National Assembly Delegation of Nam Dinh province):
The regulation that Hanoi is a special urban area is suitable for practice.
The draft Law on the Capital (amended) has many contents showing the strengthening of decentralization and strong delegation of power to the Hanoi City government in a number of areas, timely institutionalization of the direction and conclusions of the Central Government and the Politburo, for example, Clause 3, Article 9, stipulates that the City People's Council is more proactive in establishing committees of the City People's Council, assigning the City People's Council some powers, such as deciding on the establishment, reorganization, and dissolution of specialized agencies and administrative organizations under the City People's Committee.
The City People's Council determines the number of staff, civil servants, and employees working at public service units managed by the city or directly delegates authority to the Standing Committee of the City People's Council to decide on certain contents and report to the City People's Council at the nearest session on decentralization and authorization to the City People's Committee, the Chairman of the City People's Committee, and other agencies and organizations under the City People's Committee.
This decentralization and delegation of power is the legal basis and for the Hanoi city government to be more proactive and decisive in innovating, arranging, and organizing the government apparatus in a streamlined, rational, modern, effective and efficient manner to undertake the assigned tasks and powers as required by the Politburo. Regarding the contents of decentralization and delegation of power, I completely agree with the draft Law.
Regarding the regulation on mobilizing resources to develop the capital, I agree with allowing the city to pilot and establish a venture capital fund using the state budget to invest capital in high-tech enterprises, science and technology enterprises, and creative startups in the city's key science and technology fields, in order to support, promote, innovate, create and commercialize science and technology products.
I agree with the content on regional development, in the spirit of Hanoi for the whole country, the draft Law has designed a separate chapter for regional development in the direction of clearly demonstrating the role of the capital Hanoi as the center, the driving force to promote the development linkage of the capital region, the Red River Delta region, the key economic region of the North and the whole country.
Regarding the decentralization of authority to the City to execute construction and transfer contracts, I agree with the regulation allowing Hanoi City to execute construction and transfer contracts in a number of fields and pay investors with budget capital to mobilize social investment resources.
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