03 Policies in the proposal for formulating the Law on Emergency in Vietnam

03 Policies in the proposal for formulating the Law on Emergency in Vietnam
Quoc Tuan

On August 03, 2024, the Government of Vietnam issued Resolution 118/NQ-CP of the Thematic Session on Lawmaking for July 2024.

03 Policies in the proposal for formulating the Law on Emergency in Vietnam

The Government of Vietnam requests the Ministry of National Defense of Vietnam to take the lead, in coordination with relevant agencies, to thoroughly research and incorporate the opinions of ministries and central authorities, as well as the opinions of Government of Vietnam members; review related laws to ensure feasibility and avoidance of duplication; and complete the Law Proposal in the following directions:

- Policy 1: Continue thorough research on the concept of a state of emergency and cyberspace emergency, clearly define the scope, level, measures, and duration of application during a state of emergency; mobilize resources to perform duties; ensure the participation of citizens and businesses during emergencies; develop mechanisms, policies, and procedures that are quick, flexible, and creative; maximize decentralization and delegation of powers associated with resource allocation and have a monitoring mechanism for implementation; ensure clear delineation of the authority to decide and apply special measures by various entities in an emergency, appropriate to different natures and levels, to ensure promptness, feasibility, and practical suitability;

- Policy 2: Regarding support for citizens and businesses: thoroughly review current legal regulations, select reasonable content for stipulation to ensure suitability, feasibility, and consistency with the legal system; clearly propose solutions for criteria, levels of support, and relief associated with the decision-making authority of each level;

- Policy 3: Concerning the addition of measures applicable in situations where level 3 civil defense has been declared but disasters or incidents evolve complexly, causing particularly severe consequences that do not yet necessitate declaring a state of emergency: Do not propose this policy but uniformly implement it according to the Law on Civil Defense 2023, the Law on National Security 2004, and relevant laws.

Assign the Ministry of National Defense of Vietnam to take the lead, in cooperation with the Ministry of Justice, the Government Office, and relevant ministries and agencies, to complete the file for the Law Proposal in accordance with the Law on promulgation of legislative documents and submit it to the Ministry of Justice; authorize the Minister of Justice of Vietnam to represent the Prime Minister of the Government of Vietnam, on behalf of the Government of Vietnam, to sign the submission to the Standing Committee of the National Assembly to include this Law project in the National Assembly's 2025 legislative program (present to the National Assembly for comments in the 9th session and pass it in the 10th session).

More details can be found in Resolution 118/NQ-CP dated August 3, 2024.

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