On November 27th, during discussions in the National Assembly to finalize the draft revised Law on the Capital City, many National Assembly deputies spent time analyzing the regulations on applying administrative measures such as cutting off electricity and water to constructions that violate fire safety and construction regulations.
Representative Trang A Duong ( from Ha Giang delegation) suggested considering including in the draft revised Law on the Capital City a provision to cut off electricity and water to construction and business establishments that violate regulations in the fields of land, construction, and fire safety, and have already been subject to administrative violation reports or administrative penalties.
According to Mr. Duong, this is one of the controversial issues in the drafting of the Capital City Law. "Electricity and water are essential needs of individuals. Applying this measure is a deep intervention in civil relations, so it needs to be considered carefully and cautiously to ensure a balance of interests for all parties," Mr. Duong said.
Furthermore, according to Representative Duong, this is an administrative legal relationship. Therefore, using civil remedies to resolve an administrative legal relationship is an inappropriate intervention in relation to civil law and also fails to ensure humaneness in many cases, affecting people's lives, rights, and interests.
"Therefore, I believe that the measure of suspending electricity and water services at the location of violations should not be applied to constructions and business establishments that violate regulations in the fields of land, housing, construction, and fire safety," Mr. Duong stated.
Regarding the same issue, delegate To Van Tam ( Kon Tum delegation) suggested that electricity and water should only be cut off for certain violations and for establishments that have already been issued a violation notice or fined but continue to violate regulations without rectifying the situation.
"Given the capital's position and role, with a very large concentration of residents and tourists, the requirements for ensuring security, social order, and safety, including the security of people's health, property, and lives, are very high," said Mr. To Van Tam.
Representative Thach Phuoc Binh (Tra Vinh delegation) expressed concern that cutting off electricity and water to violating production and business establishments could lead to a situation where workers are transferred to other factories in the same area. This would then cause overload in some areas, resulting in environmental pollution.
"If the electricity and water supply are cut off to the entire production and business facility, it is very likely that illegal and unauthorized electricity connections will arise, and the risk of fire and explosions will reappear," said a representative from Tra Vinh province.
Responding to and addressing the delegates' opinions, Mr. Le Thanh Long, Minister of Justice, stated that preventive measures are not the same as punitive measures. According to him, the draft law already specifically identifies violating constructions and business establishments.
"This measure is also relatively specific to certain areas, namely land, construction, and fire prevention and control," added Minister of Justice Le Thanh Long.
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