This morning, November 19, at the 39th Session, the National Assembly Standing Committee gave opinions on a number of major issues regarding the explanation, acceptance, and revision of the draft Law amending and supplementing a number of articles of the Securities Law; Accounting Law; Independent Audit Law; State Budget Law; Law on Management and Use of Public Assets; Tax Management Law; National Reserve Law (1 law amending 7 laws).
This draft law was recently discussed by the National Assembly in Phase 1 of the 8th Session and is expected to be voted on and passed on November 29, in Phase 2 of the session.
39th Session of the National Assembly Standing Committee.
Regarding the name and scope of regulation, Chairman of the Committee for Finance and Personnel Le Quang Manh said that in the process of explaining, receiving and revising the draft, some of the amended and supplemented contents of the Law on Independent Auditing are related to the provisions of the Law on Handling of Administrative Violations; amending and supplementing some articles of the Law on Tax Administration are related to the provisions of the Law on Personal Income Tax.
Accordingly, the Standing Committee of the Finance and Personnel Committee, the Standing Committee of the Economic Committee, the Standing Committee of the Law Committee and the drafting agency agreed to submit to the Standing Committee of the National Assembly a report to the National Assembly for consideration and supplementation of the content of the amendments to the above two laws and to amend the name of this draft law as "Law amending and supplementing a number of articles of the Securities Law, the Accounting Law, the Independent Audit Law, the State Budget Law, the Law on Management and Use of Public Assets, the Tax Management Law, the Personal Income Tax Law, the National Reserve Law, the Law on Handling of Administrative Violations" (ie 1 law amending 9 laws).
Concluding this content, Vice Chairman of the National Assembly Nguyen Duc Hai said that the Standing Committee agreed with the amendment of two laws and the amendment of the name of the draft law.
According to Mr. Le Quang Manh, there are two contents of the Securities Law that still have many opinions, which are: (1) Report on charter capital and (2) the participation of commercial banks as clearing members, paying for transactions for securities traded on the securities trading system.
"The agencies have discussed and agreed on regulations on these two contents in the draft law in the direction of regulating in principle and assigning the Government and the Minister of Finance to regulate specifically to ensure feasibility," said Mr. Le Quang Manh.
Regarding the Law on State Budget , regarding the addition of regulations on programs and projects outside the medium-term public investment plan (Point a, Clause 1, Article 4 of the draft law), the Standing Committee of the State Budget Committee and the Drafting Agency agreed to amend this article in the direction of maintaining the current regulations on the authority to allocate annual central budget reserve funds and adding the regulation: "The Standing Committee of the National Assembly considers and decides to allocate the annual increase in revenue and savings in central budget expenditures for programs, projects and tasks not yet included in the medium-term public investment plan" or the regulation "The Government submits to the Standing Committee of the National Assembly a supplement to the medium-term public investment plan for programs, projects and works using annual increase in revenue and savings in expenditures".
Chairman of the Committee for Personnel and Organization Le Quang Manh.
Regarding the Law on Management and Use of Public Assets , during the review process as well as the opinions of National Assembly deputies, many opinions agreed to amend the mechanism from "decentralization" to "decentralization" in the management and use of public assets.
Some opinions suggested considering, not amending or supplementing these provisions, and carefully assessing the impact; reviewing to ensure consistency and synchronization to avoid conflicts and overlaps within this law and related legal provisions.
The Standing Committee of the Law Committee and the majority of opinions of the Standing Committee of the TC-NS Committee believe that amending all contents from decentralization to decentralization for all contents as stated in the draft law will not be consistent with the provisions of the Law on Organization of the Government, the Law on Organization of Local Government, and even within the provisions of current laws.
“ It is necessary to review and revise all provisions of the Law on Management and Use of Public Assets and amend and supplement a number of articles of the Law on Government Organization and the Law on Local Government Organization. Accordingly, it is recommended that the Government thoroughly review and stipulate in the Law the contents of the transition from “decentralization” to “delegation of powers” in accordance with the provisions of the Law on Government Organization and the Law on Local Government Organization ,” the review agency said.
The drafting agency proposed that the draft law take effect from January 1, 2025. Some provisions in Clause 9 and Clause 11, Article 1 of the Securities Law shall apply from January 1, 2026. The Standing Committee of the Finance and Budget Committee proposed that the Government give its official opinion on the effectiveness of this draft law.
In addition, some opinions said that the Law on Capital has a number of provisions related to the same issue in this draft law, so it is recommended to clarify them. The Standing Committee of the Committee for Finance and National Defense requested the Government to have an official opinion and express it specifically in the provisions on the law's enforcement.
Source: https://vtcnews.vn/trinh-quoc-hoi-bo-sung-2-luat-vao-du-an-1-luat-sua-7-luat-ve-kinh-te-ar908271.html
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