Discuss and give comments on 2 draft laws and 1 resolution

BTO-Continuing the 6th session of the 15th National Assembly, on the morning of November 10, the National Assembly Delegation of Binh Thuan province discussed in group 15 led by comrade Duong Van An - Member of the Party Central Committee, Secretary of the Provincial Party Committee, Head of the National Assembly Delegation of Binh Thuan province as group leader, giving comments on the Draft Law on Roads, the Draft Law on Road Traffic Order and Safety and the Resolution on the application of additional corporate income tax according to regulations against global tax base erosion.

Comrade Duong Van An - Member of the Party Central Committee, Secretary of the Provincial Party Committee, Head of the National Assembly Delegation of Binh Thuan province, was the head of the group to give comments on the Draft Law and 1 resolution.

Based on the draft law, the delegates of Group 15 agreed on the necessity of developing two draft laws and a resolution. Delegate Dang Hong Sy commented on the resolution on applying additional corporate income tax according to the regulations against global tax base erosion: The resolution is necessary because during the time when there is no law supplementing the corporate income tax law, we propose a tax rate in the draft at a minimum of 15%. During the time, FDI enterprises are given many incentives, including taxes. For example, Samsung Group is currently enjoying a corporate income tax of 12% while domestic enterprises are at 20%. If so, domestic enterprises will suffer a lot. Although the country is still facing difficulties, FDI enterprises have helped create jobs and contributed to socio-economic development. However, the results are not as expected. In addition to tax incentives, FDI enterprises are also given many other incentives such as land, gasoline, etc. During the period when enterprises enjoy incentives, if the law adjusts the tax rate to a higher level, FDI enterprises will still enjoy the preferential tax rate. Therefore, there should be accompanying policies. According to Clause 2, Article 7, in case taxpayers under this clause are guaranteed investment incentives... to ensure the harmony of interests between the State and enterprises.

Delegate Dang Hong Sy comments on the Resolution on applying additional corporate income tax

Delegate Nguyen Huu Thong commented : Regarding the 2008 Road Traffic Law, the application of science and technology in handling road traffic violations is still limited, while administrative violations of road traffic are still common and complicated. The traffic control and monitoring system is still lacking; there is no intelligent traffic management system, and there are no vehicle control centers on the routes. Practice requires promoting decentralization and delegation of authority to maximize the role and responsibility of localities in state management of road activities. Therefore, this draft Road Law shows that it has met the objective practical requirements in promoting the application of information technology in building an intelligent traffic system to serve management, operation, monitoring, and handling of violations; making an important contribution to ensuring road traffic safety.

Clause 2, Article 67 of the draft Law on Road Traffic Order and Safety on traffic command and control stipulates: “The traffic command center is a place to collect, store, analyze, process data and provide information on traffic situations to serve traffic command and management, handle traffic accidents, patrol and control traffic order and safety, fight against crimes and other violations of laws related to road traffic; provide information on traffic conditions to traffic participants; research solutions to ensure safe and smooth road traffic. The traffic command center is managed, operated and exploited by the Traffic Police force; operates regularly and continuously. The national traffic command center connects with local traffic command centers and shares data with ministries and branches…”

Delegate Nguyen Huu Thong commented: Through studying the draft Law on Road Traffic Order and Safety, separating the contents of the 2008 Road Traffic Law to develop two draft laws (Law on Road Traffic Order and Road Law) is necessary to fully and specifically regulate each field, meeting the requirements of the Resolution of the 13th National Party Congress, Directive No. 18-CT/TW dated September 4, 2012 of the Secretariat on "strengthening the Party's leadership in ensuring road traffic order and safety, railways, inland waterways and overcoming traffic congestion", Directive No. 23-CT/TW dated May 25, 2023 of the Secretariat on "strengthening the Party's leadership in ensuring traffic order and safety in the new situation". However, because the field of road traffic safety is directly related to people's daily activities and has a great impact on social life, delegates have the following opinions: Regarding the explanation of terms (Article 3), it is proposed that the draft Law supplement the explanation of the terms "road" and "road traffic" so that competent authorities have a solid basis for applying the law in cases of traffic accidents because in reality, some accidents occur on internal roads in industrial parks, residential areas, and enterprises where competent authorities do not have clear grounds to determine whether the incident is a traffic accident or an occupational accident. At the same time, the addition of the above explanation of the terms serves as a basis for determining and implementing the provisions in Clause 40, Article 3: “A road traffic accident is an incident that occurs when people or vehicles participating in traffic are operating on the road or in other traffic areas but due to subjectivity, violating road traffic safety rules or encountering unexpected situations and incidents that cannot be prevented, causing certain damage to human life, health or property”. It is proposed to replace or explain more clearly the phrase “or in other traffic areas” in Clause 40, Article 3 because the explanation of the terms as in the draft is confusing and unnecessary when applying the law.

TRAN THI.

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