The one month-plus (Oct. 25-Dec 3) sixth session of the National Assembly (NA), has devoted much time and great efforts to legislative work, having passed six laws and examined nine others.
The newly passed laws include the Competition Law, the Forest Protection and Development Law, the Electricity Law, the Publication Law, the Law on Promulgation of Legal Documents by the People’s Councils and People’s Committees and the Law on National Security.
The Competition Law governs only the domestic competition environment, aiming to control acts harmful to competition as well as monopolizing enterprises so as to protect the consumers’ interests, according to Trade Minister Truong Dinh Tuyen.
Mr. Tuyen said the 6-chapter and 123-article law would be guided by only four or five decrees, to be promulgated early next year. The number of circulars guiding decree implementation would also be very limited, he said.
The Forest Protection and Development Law, comprising 8 chapters with 88 articles, prescribes the principles, plannings and plans for forest protection and development; forest assignment, lease and recovery and change of forest-use purposes; responsibilities of forest owners; and rights and obligations of households assigned production forests, etc. This Law replaces the 1991 Law.
Under the newly-passed Law on Promulgation of Legal Documents by the People’s Councils and People’s Committees, these Councils and Committees shall have no power to promulgate legal documents to sanction administrative violations. The Law, consisting of 56 articles in 6 chapters, stipulates that this power is vested only to the National Assembly, the National Assembly Standing Committee and the Government. It also specifies the powers of the People’s Councils and People’s Committees to draft and promulgate legal documents for application in their localities, the forms and contents of these documents as well as the promulgation order and procedures.
The 10-chapter and 70-article Electricity Law regulates electricity planning and development investment; transmission, distribution and use of electricity; protection of electric works and State management over electricity, etc. It is expected that the Law will help create a competitive electricity market in the country.
The Publication Law, comprising five chapters and 46 articles, guarantees the author’s rights and provides for import-export of publications; printing of publications for foreign parties, and establishment of publishing houses, etc. This Law supersedes the 1993 Publication Law.
Policy, principles and measures for protection of national security as well as State agencies in charge of protection of national security all come under the scope of regulation by the 5-chapter and 36-article National Security Law. This Law also prescribes citizens’ rights and obligations to protect national security.
The Law on Forest Protection and Development and the Law on Promulgation of Legal Documents by the People’s Councils and People’s Committees will come into force on April 1, 2005 while the other laws will take effect as from July 1, 2005.
The nine bills commented this time include the amended Civil Code, the amended Maritime Code, the amended Commercial Law, the Pharmacy Bill, the Defense Bill, the Bill on the State Audit, the amended Education Law, the Bill on Conclusion, Accession and Implementation of International Agreements and the Bill on Vietnam Railway.
The draft of the amended Civil Code retains six of the seven parts and amends 314 articles of the 838 articles of the current Code. It also supplements 67 articles, annuls 101 articles and keeps 359 others intact.
The amendments and supplements to the Code cover such major issues as the land use rights; the rights to intellectual property and technology transfer; the civil relations within family households and cooperation groups; the personal rights; the effective time of contracts; the tontine (“hui”, “ho”); the pledge and mortgage of assets; the right to initiate lawsuits and claim for compensations outside contracts, among others.
Some deputies shared the Government’s opinion that the land use right provisions should be removed from the Code, otherwise they may cause unnecessary overlapping of legal documents. Meanwhile, others have considered the land use rights a special type of property associated with conditional civil transactions, and therefore, should still be stipulated in the Code.
The personal rights requested by NA deputies for addition to the Code include the right to bear a child for another, the right to donate embryos, the right to death, etc.
Discussions on the amended Maritime Code focused on the mortgage and arrest of seagoing ships, the conception of seaport, organization and operation of maritime pilotage, responsibilities of carriers and shipowners toward passengers, luggage and goods. Only courts can issue orders to arrest seagoing ships, the revised Code says.
The draft of the revised Commercial Law annuls 66 articles of the 1997 law, amends 149 articles and supplements 143 others. One of the major differences between the revised law and the 1997 law, which was hotly debated at the NA session, is the definition of trader. The current law states that trader must possess business registration certificate, which, however, is not required under the revised law.
The Pharmacy Bill aims to enhance the State management over preventive and curative medicines, restrict monopoly in medicine sale and purchase and assure medicine users’ rights and interests, chairwoman of the NA Commission for Social Affairs Nguyen Thi Hoai Thu told NA deputies. The NA should, therefore, thoroughly examine the provisions on medicine information and advertisement, Ms. Thu said. Many deputies agreed that the Bill should create conditions for foreign investors to invest in medicine production and trading in Vietnam. The Pharmacy Bill consists of 12 chapters with 78 articles.
With regard to the 6-chapter and 40-article Bill on the State Audit, discussions focused on whether the State Audit is attached to the Government or the National Assembly. Of 394 polled NA deputies, 363 deputies (representing 92.13%) agreed that this body should be established by the National Assembly to impartially supervise the examination and certification of the financial situation of State agencies and enterprises as well as the use of State budget. Most deputies also agreed that the State Auditor General should be elected by the National Assembly.
Also at this session, the NA adopted the Resolutions on the 2005 State budget allocation; the 2005 law- and ordinance-making program; the supervision of capital construction investment; education, and the Ho Chi Minh Road master plan.
Under the 2005 budget allocation plan, mountain, border, poor and newly- divided provinces shall each enjoy VND 10-40 billion for development investment; health service budget be added with VND 30 billion for regular expenditures while education and training sector shall enjoy VND 70 billion for execution of job-training projects.
Chairman of the NA Economics and Budget Commission Nguyen Duc Kien said security, defense and justice services would also be supported with VND 330 billion to improve their material foundations and facilities for performance of important security, defense and judicial tasks.
Participants at the NA session also spent 3 days on questioning cabinet members about issues of common concern.
The NA plans to examine and pass 31 bills together with 16 resolutions and ordinances at its 7th and 8th sessions in 2005.-