On the morning of May 26, the National Assembly listened to the Report on the draft Resolution of the National Assembly on piloting a number of special mechanisms and policies for the development of Ho Chi Minh City. Presenting the Verification Report, Chairman of the Finance and Budget Committee Le Quang Manh stated that the Committee agreed on the necessity of issuing the Resolution. Accordingly, on the political basis, Resolution No. 31-NQ/TW of the Politburo affirmed that "The Party Delegation of the National Assembly leads the issuance of the Resolution of the National Assembly (replacing Resolution No. 54/2017/QH14) to allow the piloting of outstanding mechanisms and policies for the development of Ho Chi Minh City".
Agree on the necessity of issuing the Resolution
According to the Chairman of the Finance and Budget Committee, Le Quang Manh, piloting a number of specific mechanisms and policies for the development of Ho Chi Minh City is necessary in the current context. Firstly, regarding the political basis: Resolution No. 31-NQ/TW of the Politburo clearly affirms: "The National Assembly Party Delegation leads the issuance of a Resolution of the National Assembly (replacing Resolution No. 54/2017/QH14) to allow the piloting of outstanding mechanisms and policies for the development of Ho Chi Minh City".
Second, on the legal basis: Resolution No. 76/2022/QH15 of the National Assembly stipulates: "The Government is assigned to study and propose the completion of specific mechanisms and policies for the development of Ho Chi Minh City, and submit them to the National Assembly for consideration and approval of a Resolution replacing Resolution No. 54/2017/QH14 as soon as possible."
Third, on practical basis: The summary of Resolution No. 54/2014/QH14 shows that the scope, scale and nature of current policies are still moderate, not creating breakthroughs; many institutional problems are hindering development. “Meanwhile, the City is the largest economic, commercial and financial center in the country, playing an important role in regulating the central budget, currently contributing about 27%. Having outstanding policies is necessary not only for the City but also for the Southern Key Economic Zone and the whole country.” - Chairman of the Finance and Budget Committee Le Quang Manh informed.
Discuss carefully to ensure reasonableness.
According to the review report, Chairman of the Finance and Budget Committee Le Quang Manh informed that, based on the Law on Promulgation of Legal Documents, the Draft Resolution dossier is basically eligible to be submitted to the National Assembly at the 5th Session. However, due to the scope of the proposed policies being quite broad, covering many areas; Some new policies directly impact the State budget, life, and society; The Resolution contains many provisions that are different from current laws. Therefore, in order to have a solid basis for decision-making, the review agency recommends that the Impact Assessment Report should: Be specific about both the positive aspects and the challenges, and the unfavorable impacts when implementing. Need more details about the output results; especially the policies that impact the State budget revenue and expenditure; and the resources for implementation.
Regarding the time of approval, according to the Review Report, Resolution 76 of the National Assembly stipulates: "The Government is assigned to propose the completion of specific mechanisms and policies as soon as possible". Therefore, the majority of opinions believe that, in order to meet practical requirements, so that the Party's Resolution can soon come into life, in case the quality of drafting is guaranteed, it can be submitted to the National Assembly for approval at the 5th Session.
However, according to the Chairman of the Finance and Budget Committee Le Quang Manh, some opinions said that because the Draft has some contents that are being discussed and can be changed in the drafts of the Land Law, Housing Law, Real Estate Business Law, etc.; these laws are all planned to be passed at the 6th Session, therefore, to ensure reasonableness, it needs to be presented at the 5th Session and passed at the 6th Session.
The resolution creates an important premise for new development steps.
In addition to the views stated in the Submission, the examining agency believes that the issuance of the Resolution should take into account a number of basic views and principles:
Regulations need to promptly remove institutional obstacles that are hindering development, promoting potential, and overcoming inertia in implementing recent orientations; but absolutely do not take advantage of law-making to legitimize violations.
The new policy needs to be "breakthrough" and "outstanding" in accordance with the spirit of Resolution 24-NQ/TW, Resolution 31 of the Politburo, Resolution 81/2023/QH15 of the National Assembly; but it needs to be feasible, focused, not spread out; avoiding taking advantage of the policy causing loss and waste.
It must be truly pervasive and have a profound impact not only on the City but also bring positive effects to the region and the country, minimizing negative impacts on the leading role of the NSTW.
Along with increasing decentralization and delegation of power, it is necessary to promote responsibility; but it is also necessary to have a mechanism to protect and encourage enthusiastic people who dare to think, dare to do, and dare to take responsibility.
9 tasks to complete the Resolution
Regarding the scope of policy, the Reviewing Agency acknowledged that the Drafting Agency coordinated with the City government to develop the Draft seriously, elaborately, wholeheartedly, and receptively, demonstrated in a number of aspects such as the regulations are consistent with the orientations in the Resolutions of the Party and the National Assembly; the policies are quite comprehensive in many fields; Ensuring the inheritance of Resolution 54, integrating a number of similar policies with localities with specific mechanisms.
Chairman of the Finance and Budget Committee Le Quang Manh said, "If the pilot policies in the Draft are successfully implemented, it will create an important premise for a new step of development."
However, to continue to improve, the Finance and Budget Committee believes that there are some issues that need to be considered, specifically:
Firstly, the Government needs to clarify: With the scope of policies as in the Draft, is it enough to remove institutional obstacles that are hindering the development process? Considering the number of policies, it is relatively large, so there needs to be selection, focus, and avoid spreading so that each policy has the opportunity to come into life.
Second, we need to pay more attention to truly breakthrough policies, creating new steps in exploiting potential in accordance with Resolution 31; avoiding large numbers but limited weight.
Third, on the comprehensiveness and rationality of the policy. The draft focuses a lot on budget expenditure policies. However, budget revenue policies (such as taxes, fees, etc.) are still quite thin, while the City has its own characteristics and great advantages in exploiting revenue sources. Therefore, in the long term, it is recommended to study and have feasible revenue policies, contributing to balancing resources for budget expenditure policies.
Fourth, it is recommended to review policies that have a direct impact on the NSTW, such as tax exemption and reduction proposals, to suit the current context, especially when preparing to apply the global minimum tax. Although a preferential mechanism is needed compared to other localities, it is necessary to attract talents and high-quality labor, but avoid creating too large a gap in income between workers.
Fifth, the Draft stipulates a strong decentralization and delegation of authority; many powers are assigned to organizations and individuals. However, there is still a lack of provisions on responsibilities; it is recommended to supplement them to ensure the principle of authority going hand in hand with responsibility.
Sixth, regarding the relationship with related draft laws. The submission proposes a number of new policies that are compatible with the laws being amended such as the Land Law, Housing Law, Real Estate Business Law, etc. Currently, many contents in these drafts still have different opinions. Therefore, it is recommended to stick to them because: Even though this Resolution may have provisions that are completely different from those laws, it must still ensure feasibility and reasonableness.
Seventh, on conditions for ensuring implementation. To implement these regulations, many guiding documents on processes and procedures are needed... Therefore, it is recommended that: (1) Clearly stipulate in the implementation provisions the tasks that need to be implemented; assign specific responsibilities; avoid promulgating but not being able to operate because organizations and individuals do not know the basis for implementation. (2) Regarding the authorization mechanism, it is recommended to ensure the correct authorization principle. (3) Add regulations on strengthening supervision, inspection, and examination of implementation.
Eighth, regarding authority, the Draft stipulates a number of issues that are not within the National Assembly's decision-making authority. It is proposed not to stipulate this content.
Ninth, to ensure the pilot's objectives, the Report needs to clarify the value of replicating the model after the pilot so that other provinces and cities can learn and replicate it.
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