Ensure flexibility and feasibility in implementation

Regulations need to be clear

National Assembly Deputy To Van Tam ( Quang Ngai ) highly agreed with the Report on receiving explanations of the National Assembly Standing Committee on the draft Law on State of Emergency, especially the provisions on measures applied in a state of emergency corresponding to 3 types of state of emergency to unify the contents of the draft Law.

Regarding the authority of the Prime Minister, delegate To Van Tam stated that at point d, clause 2, Article 12 of the draft Law stipulates that the Prime Minister has the authority to report on the application of emergency measures in this clause to the competent authorities of the Party and the National Assembly in the nearest time.

National Assembly Delegate To Van Tam (Quang Ngai) speaks. Photo: Pham Thang

According to the delegate, it is necessary to clarify “the measures prescribed in this clause”. Because the measures prescribed in Point c, Clause 2, Article 12 of the draft Law or other measures have been prescribed in the draft Law and the Prime Minister has the full right to apply these necessary measures when an emergency occurs. “So is it necessary to report to the competent authority and the National Assembly?”

Delegate To Van Tam also expressed his opinion that the Prime Minister does not need to report on what has been stipulated in the draft Law; and when the Prime Minister applies the provisions in Point c, Clause 2, Article 12 of the draft Law, he must report to the competent authority and to the National Assembly. "Therefore, Point d, Clause 2, Article 12 of the draft Law should be regulated in the direction that the Prime Minister only has to report to the competent authority and to the National Assembly when applying the provisions in Point c, Clause 2, Article 12 of the draft Law; and if applying the measures stipulated in the draft Law, he does not need to report to the competent authority anymore," the delegate noted.

Delegates attending the meeting. Photo: Quang Khanh

In addition, delegate To Van Tam also suggested that it is necessary to clarify the regulation: The Prime Minister reports to the National Assembly in the nearest time, with the reason "what is the nearest time, is it the nearest session or not?". According to the delegate, it should be regulated in the direction: The Prime Minister reports to the National Assembly Standing Committee in the nearest time when the National Assembly is not in session; or reports to the National Assembly at the nearest session.

Article 13 of the draft Law stipulates measures to be applied in a state of emergency when a disaster occurs. Article 16 of the draft Law stipulates measures to overcome consequences in a state of emergency. To ensure sustainable development and ensure disaster and natural disaster prevention, delegate To Van Tam proposed to study and supplement regulations applicable to post-disaster reconstruction. Accordingly, it is necessary to supplement in the direction of "re-planning natural disaster areas, areas at risk of natural disasters, investing in natural disaster prevention works, improving disaster warning capacity as well as raising people's awareness in natural disaster prevention and control".

Ensure flexibility in implementation

Concerned about the implementation stage, National Assembly Deputy Ta Dinh Thi (Hanoi) noted that the draft Law clearly defined the principle: "Ensuring unified and consistent leadership and direction from the central to local levels, with assignment, decentralization, delegation of authority and close coordination between agencies, organizations and forces". This is an important foundation to avoid overlapping and lack of synchronization in implementation when incidents occur.

National Assembly Deputy Ta Dinh Thi (Hanoi) speaks. Photo: Pham Thang

Article 24 of the draft Law stipulates: “The Government directs and organizes the implementation of the Resolution of the National Assembly Standing Committee and the Order of the President on the state of emergency. The Civil Defense Steering Committee at all levels directs and commands activities in the state of emergency regarding disasters. The National Security Command organizes and commands activities in the state of emergency regarding national security, social order and safety. The National Defense Emergency Command organizes and commands activities in the state of emergency regarding national defense.”

Article 12 of the draft Law also stipulates: “The Prime Minister has the authority to decide on the application of measures in a state of emergency, authorizing the Chairman of the Provincial People's Committee in case of necessity. This demonstrates flexibility, but still ensures unity and transparency in command and operation.”

In addition, regulations on management and response to emergency situations for incidents and disasters are also stipulated in specialized laws such as the Law on Chemicals, the Law on Electricity, the Law on Atomic Energy, the Law on Environmental Protection, the Law on Civil Defense, etc.

Therefore, delegate Ta Dinh Thi proposed that, in order to ensure effective implementation of the coordination mechanism as stipulated in the draft Law and ensure flexibility and feasibility in implementation, it is necessary to add a clause in Article 3 of the draft Law assigning the Government to prescribe regulations on inter-sectoral and inter-level coordination in management and response to emergency situations according to the provisions of this Law and specialized laws.

Regarding the application of digital technology in emergency management and response, delegate Ta Dinh Thi suggested researching and supplementing regulations on the national data platform on emergency situations, connecting from the central to local levels, integrating early warning, monitoring developments and coordinating resources; investing in an emergency communication system capable of operating in conditions where infrastructure is affected; enhancing training and online response drills to improve the capacity of core forces and the community.

"The draft Law not only aims to perfect the legal framework for prevention and response work but also demonstrates innovative thinking, technology access and enhanced inter-sectoral coordination. Therefore, specific regulations on coordination mechanisms and digital technology application in the provisions of the draft Law will create an important legal basis to protect national security, social order and people's lives and property in the new context," emphasized delegate Ta Dinh Thi.

Source: https://daibieunhandan.vn/bao-dam-linh-hoat-kha-thi-trong-to-chuc-thuc-hien-10393183.html