Resolution 03/NQ-CP: Proposal to develop 05 Law projects in Vietnam

Resolution 03/NQ-CP: Proposal to develop 05 Law projects in Vietnam (Internet image)

The Government requested the development of 05 law projects, including: Law amending and supplementing a number of articles of the Law on People's Public Security Force; the Law on Citizen Identification (amended); the Law on Credit Institutions (amended); the Law on National Defense, Security, and Industrial Mobilization; and the Law on Urban and Rural Planning. As follows:

1. Project Law amending and supplementing a number of articles of the Law on People's Public Security

Basically agree with the amendments and supplements in the draft Law amending and supplementing a number of articles of the Law on People's Public Security Force. The Ministry of Public Security presides and coordinates with relevant ministries and agencies to complete the Law project towards:

- Review the specific contents of the Law project on the basis of inheriting the provisions of the current Law on People's Public Security Force that are still appropriate in practice and relevant provisions of the Law on Officers of the Vietnam People's Army; overcome problems and inadequacies to meet the requirements of protecting national security, ensuring social order and safety, and fighting crime and law violations; ensure synchronization and consistency with the Labor Code. It is necessary to specifically institutionalize special cases in accordance with the Party's regulations, and simple procedures to facilitate implementation in accordance with the specific requirements of the industry.

- Continue to study specific decentralization and decentralization regulations, ensure synchronization and unification of regulations with relevant laws, and carefully evaluate the impact.

- There need to be transitional regulations to meet practical requirements. Consider and assign the Government to regulate specific and unstable issues to ensure flexibility and conformity with reality regarding: criteria and conditions for granting the rank of general ahead of schedule and regimes for police workers.

2. Proposal to develop a Law on Citizen Identification (amended) in Vietnam

The Ministry of Public Security has carefully prepared and presided over the development of the Proposal to develop the Law on Citizen Identification (amended) in accordance with regulations;

Timely update and institutionalize the Party's views and policies on promoting the application of information technology and reforming administrative procedures; promote the positive results achieved; overcome shortcomings and inadequacies to meet the requirements of state population management; and promote effective digital transformation to serve socio-economic development in the coming period.

Basically agree with the policies in the proposal to develop a Law on:

- Policy 1 regulates the integration of information into Citizen Identification cards;

- Policy 2 on supplementing information stored in the National Population Database and Public Identification Database;

- Policy 3 on adding subjects to be issued citizen identification cards and subjects to be issued ID certificates;

- Policy 4 on completing regulations on the management, operation, exploitation, and use of information in the National Population Database and Citizen Identification Database.

The Ministry of Public Security urgently presides and coordinates with the Ministry of Justice, the Government Office, and relevant agencies to absorb the maximum opinions of Government Members, completing the proposal to develop a Law in the direction of:

- Review specific regulations and thoroughly evaluate the positive and negative impacts of policy proposals to increase the persuasion of the proposed plan, ensuring compliance with the provisions of the Constitution and laws, especially regulations on integrating information in the National Population Database and National Citizen Identification Database; ensuring the confidentiality of private life, personal secrets, and family secrets; protecting information confidentiality for the armed forces; and assessing the feasibility of practical implementation of the necessity and roadmap for integrating personal information, collecting biometric information, etc.

- Review and research clear and specific decentralization and decentralization of powers, ensuring synchronization, consistency, and feasibility of the legal system.

- Coordinate with the Ministry of Justice and relevant ministries and agencies to carefully review and evaluate policy impacts, creating consensus on a number of contents on: issue Citizen Identification cards to Vietnamese citizens under 14 years old; Issue Identity Certificates to people of Vietnamese origin who are stateless people living in Vietnam.

- Stipulate principles in the Law and assign the Government to regulate unstable contents, ensuring flexibility and suitability with practice on: managing, operating, exploiting, and using information in the National Population Database and Citizen Identification Database; e-ID accounts; and the use of e-ID accounts.

The Ministry of Public Security completes the dossier of Proposal to develop a Law according to the provisions of the Law on Promulgation of Legal Documents and sends it to the Ministry of Justice to synthesize and add to the 2023 Law and Ordinance Building Program, submit to the National Assembly for comments at the 5th Session and pass at the 6th Session of the 15th National Assembly.

3. Proposal to develop a Law on Credit Institutions (amended) in Vietnam

This is a Law project with complex, sensitive content and a great impact on people, society, and the economy. It is necessary to amend and supplement the Law to complete the legal framework for credit institutions to control their operations, prevent risks, and limit violations. At the same time, there need to be tools to handle arising situations and sanctions to handle violations, ensuring the safety of the banking system, market transparency, and mobilizing resources for socio-economic development. .

4. Proposal on the development of a Law on National Defense Industry, Security and Industrial Mobilization in Vietnam

Basically unify the policies in the Proposal to develop the Law. The Ministry of National Defense presides and coordinates with the Ministry of Public Security and relevant ministries and agencies to review and complete:

- On the basis of summarizing and evaluating current legal regulations, perfecting,
clarify the relationship between defense industry, security industry, and industrial mobilization as a basis for unifying 03 contents of the same law to match the name and scope of the regulation.

- Continue to research and clarify the direction of strengthening decentralization and decentralization in implementing the tasks of developing defense industry, security, and industrial mobilization to achieve efficiency and in accordance with management practice.

- Develop the defense and security industry in a dual-use direction, taking into account flexibility in management and administration to suit each stage of development; Focus on specific mechanisms on resources for defense and security industry development and industrial mobilization such as capital, land, and human resources; regulations on budgets for specific tasks are assigned to the Government to report to competent authorities for consideration and decision.

- Regarding the organizational system of defense industry and security industries, the Law only states the principles and ensures consistency with the Law on Enterprise, the Law on management and use of state capital in business investment at enterprises, and relevant laws. Pay attention to confidentiality in policies to mobilize the participation of organizations and individuals in defense industry, security, and industrial mobilization activities.

- Carefully review specific and industry-specific policies to perfect breakthrough and predictive policies to encourage organizations and businesses to participate in investment and development of defense and security industries and design policies to submit to competent authorities for consideration and decision to ensure consistency with the provisions of relevant laws and international treaties to which Vietnam is a member, ensuring feasibility and effectiveness.

5. Proposed Law on Urban and Rural Planning

Regarding the policies in the Law Development Proposal, the Ministry of Construction fully received comments from Government Members, relevant ministries, and agencies to complete the Law Development Proposal dossier towards:

- Summarize and thoroughly evaluate the implementation of current legal regulations on urban and rural planning; Analyze limitations and problems, identify newly arising problems, and clarify the causes of inadequacies due to the provisions of the current Law or due to law enforcement.

- Evaluate the impact of policies scientifically, fully, and in accordance with the provisions of the Law on Promulgation of Legislative Documents; Urban and rural planning policies need breakthrough thinking, strategic vision, science and practice, predictability, connection, and synchronization between urban and rural areas; Meet the requirements of sustainable, long-term development, ensuring harmony of economic development with cultural and social factors, environmental protection,...

- Fully institutionalize the policies of the Party, National Assembly and Government, complete regulations on preparation, appraisal, approval, and adjustment of all types of urban and rural planning towards strengthening decentralization and decentralization associated with resource allocation, coupled with the design of inspection tools; closely supervise all types of urban and rural planning, such as general planning, zoning planning, detailed planning, infrastructure planning, public works, etc.

At the same time, strict regulations to limit planning adjustments, especially local planning adjustments for transport infrastructure projects and public works, need to have sanctions to strictly handle planning violations; ensure stability, synchronization, predictive thinking, and a long-term vision of urban and rural planning with other related plans; increase the participation of organizations, businesses, people, experts, scientists, etc. in the process of collecting opinions, consulting, formulating, and appraising planning.

- Complete regulations on the relationship between urban and rural planning and other types of planning to ensure compliance with the provisions of the Planning Law, avoiding overlap between types of planning.

- Continue to review relevant legal regulations, such as: Law on Planning, Land Law, Construction Law, Law on Public Investment, Law on Environmental Protection, Law on Cultural Heritage, etc., to ensure the unity and uniformity of the legal system.

More details can be found in Resolution 03/NQ-CP, dated January 6, 2023.

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