Kinhtedothi - The 2024 Capital Law stipulates the priority application of the Capital Law in Article 4, aiming to create truly breakthrough and outstanding mechanisms and policies for Hanoi's development.
According to the provisions of Article 4 of the 2024 Capital Law on "application of the Capital Law":
The Capital Law No. 39/2024/QH15 was passed by the 15th National Assembly, 7th Session on June 28, 2024 and took effect from January 1, 2025 (except for 5 contents that took effect from July 1, 2025), replacing the Capital Law No. 25/2012/QH13. In particular, the Law has a separate article regulating the application of the Capital Law.
1. In case there are different provisions between the Law on the Capital and other laws or resolutions of the National Assembly on the same issue, the provisions of the Law on the Capital shall apply, except for the case specified in Clause 2 of this Article.
2. In case a law or resolution of the National Assembly issued after the effective date of the Law on the Capital has provisions different from those of the Law on the Capital on the same issue that need to be applied, specific provisions must be immediately made on the application of the law in that law or resolution; in case there are no specific provisions on the application of the law and the application of such provisions is necessary for the construction, development, management and protection of the Capital, the Standing Committee of the National Assembly shall decide on the application upon the proposal of the Government and report to the National Assembly at the nearest session.
3. Legal documents detailing the contents of the Law on the Capital, legal documents issued to exercise the authority assigned in the Law on the Capital shall be applied in cases where there are many legal documents with different provisions on the same issue.
According to the Hanoi Council for Coordinating Legal Education and Dissemination, in order to create a legal basis for handling legal conflicts in case of differences between the 2024 Capital Law and relevant current laws and laws promulgated after the effective date of the 2024 Capital Law on the same issue, while still ensuring transparency and hierarchy of the validity of legal documents, ensuring consistency with the provisions of Article 156 of the Law on Promulgation of Legal Documents, the 2024 Capital Law supplements Article 4 regulating the application of the Capital Law.
Regulations on the application of the Capital Law to handle the relationship between the Capital Law and laws and resolutions of the National Assembly, between detailed regulations, documents issued by the Government, Ministries, branches, and City authorities to implement the contents of the decentralized authority in the Capital Law and documents of other state agencies are very important issues, deciding the effectiveness and enforcement of the Capital Law after its promulgation. Specifically:
- Clearly stipulate the principle of priority in applying provisions of the Law on the Capital with different content from provisions on the same issue in other laws and resolutions of the National Assembly currently in effect (Clause 1, Article 4).
- In cases where laws and resolutions of the National Assembly issued after the effective date of the Law on the Capital have provisions different from those of the Law on the Capital on the same issue and need to be applied, specific provisions must be made in that law or resolution (Clause 2, Article 4).
At the same time, to prepare for cases where laws and resolutions issued later do not fully anticipate the content of the application of laws related to the provisions of the Capital Law, the 2024 Capital Law stipulates that in cases where laws and resolutions of the National Assembly issued after the effective date of the Capital Law have provisions different from the Capital Law on the same issue and the implementation process shows that the application of this provision is necessary for the construction, development, management and protection of the Capital but the application is not specifically regulated in that law or resolution, the National Assembly Standing Committee will decide on the application at the request of the Government and this content needs to be reported to the National Assembly at the nearest session (Clause 2, Article 4).
To ensure the feasibility of the above provision, the 2024 Law on the Capital stipulates that when drafting Law projects and draft Resolutions of the National Assembly, Ministries and ministerial-level agencies must review the provisions of the Law on the Capital. If there are other provisions on the same issue as the Law on the Capital, it is necessary to determine whether to apply them according to the Law on the Capital or to apply them according to that law or resolution (Clause 2, Article 50). At the same time, the responsibility is assigned to the Hanoi People's Committee to propose the application of provisions in laws and resolutions of the National Assembly issued after the effective date of the Law on the Capital with contents different from the provisions of the Law on the Capital, and the application of such provisions will be more favorable for the construction, development, management and protection of the Capital, and report to the Hanoi People's Council for comments before reporting to the Government for submission to the National Assembly Standing Committee for consideration and decision (Point d, Clause 5, Article 52).
- To ensure the effectiveness of legal documents detailing the contents of the Law on the Capital, legal documents issued to exercise the authority assigned in the Law on the Capital, the Law on the Capital 2024 stipulates that these documents shall be given priority in cases where there are many legal documents with different provisions on the same issue (Clause 3, Article 4).
This is an extremely necessary provision because the Law on the Capital is a special and specific law that strongly decentralizes the Hanoi government to exercise a number of powers that other current laws are assigning to the Government, the Prime Minister or other central agencies. Therefore, it is inevitable that the detailed regulations or regulations on the implementation of the powers assigned by the Law on the Capital will have different contents from the provisions in the documents of the Government, the Prime Minister or Ministries and ministerial-level agencies. This provision will create a legal basis for the implementation of the decentralized contents in the Law on the Capital in 2024 to be clearer, overcoming major obstacles in the practical application of the Law on the Capital in 2012 and a number of Resolutions of the National Assembly piloting specific mechanisms and policies for a number of localities that are currently being implemented.
“The Capital Law 2024 has many mechanisms and policies that are superior to the current general institutions, creating conditions for the development of the Capital. The regulations on the application of the Capital Law are completely new and different from the regulations of the Law on Promulgation of Legal Documents. The Capital Law is a special law in terms of decentralization, delegation of power, and special in terms of mechanisms and policies, different from other laws. The Capital Law has the right to be different from other laws and is not bound by other laws” - Deputy Director of the Hanoi Department of Justice Nguyen Cong Anh .
Source: https://kinhtedothi.vn/uu-tien-ap-dung-luat-thu-do-2024-trong-he-thong-phap-luat.html
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