Discussing the draft Law on State of Emergency, Delegate To Van Tam ( Quang Ngai Delegation) was concerned about the provision that the Prime Minister, in a state of emergency, must report the application of measures to the competent authorities of the Party and the National Assembly in the nearest time. According to him, only when the Prime Minister uses expanded authority, that is, applies measures not yet included in the law, must he report to the competent authorities and the National Assembly.

As for measures already in the law, the Prime Minister only implements and reports according to the normal regime, without having to make special reports to the National Assembly on each case.

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Delegate To Van Tam. Photo: National Assembly

He proposed to clarify what "the nearest time" means: when the National Assembly is not in session, the Prime Minister reports to the National Assembly Standing Committee; when the National Assembly is in session, the report is made at the nearest session of the National Assembly. This provision is clear and consistent with the practical operations of representative agencies.

Delegate Nguyen Tam Hung (Ho Chi Minh City Delegation) agreed with dividing the state of emergency into three groups: State of emergency regarding disaster; state of emergency regarding national security, social order and safety; state of emergency regarding national defense.

However, he suggested clarifying the criteria for activating a state of national defense emergency, especially in cases where martial law has not yet been imposed but there is a risk of violating sovereignty, border security or threatening strategic infrastructure. “Clarifying will help unify awareness and command and control among the armed forces, local authorities and people,” Mr. Hung stated.

Regarding the mobilization of armed forces to emergency areas, he agreed to clearly define the executive roles of the Prime Minister, President and Ministry of National Defense in mobilizing armed forces.

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Delegate Nguyen Tam Hung. Photo: National Assembly

Delegates proposed adding an inter-sectoral coordination mechanism between the Ministry of National Defense, the Ministry of Public Security and local authorities according to the principle of a single command point, ensuring quick response, avoiding overlap, in accordance with the defense zone model.

Delegate Duong Khac Mai (Lam Dong Delegation) said that if the boundaries between types of emergency situations are not clarified, it is easy for conflicts of authority or overlaps in management and direction to arise.

Therefore, he proposed adding specific quantitative and qualitative criteria or assigning the Government to specify the thresholds for activating the emergency level, such as: Scope of impact (area, scale), proportion of affected population, economic damage, level of threat to national defense and security.

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Delegate Duong Khac Mai. Photo: National Assembly

Notably, the draft states: A decision-maker in an emergency situation is not responsible when the decision is based on information available at the time of making the decision, has a legitimate purpose and is not motivated by personal gain. Mr. Mai believes that this provision is necessary to encourage officials to act quickly in an emergency situation, while protecting those who dare to think and act for the common good.

However, he acknowledged that the scope of "exemption from liability" as currently drafted is still quite broad, while there is no clear post-audit mechanism. Because many decisions in a state of emergency can have a major impact on the economy, society, and even human rights. Therefore, he proposed to stipulate more specifically that exemption from liability only applies if the decision-maker has the right authority, is based on objective, verifiable information, and does not exceed the limit...

Speaking later, General Phan Van Giang, Minister of National Defense, said that an emergency situation means it is special and does not happen normally.

Some delegates suggested identifying groups of elderly people living alone and vulnerable people to be ready to support and help them when they have no food or water in an emergency.

According to the Minister, reality shows that when a disaster occurs, everyone must be evacuated and taken away, "the rich can also become poor", after a disaster, the rich sometimes suffer more. All people need to be guaranteed safety and access to timely relief.

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General Phan Van Giang, Minister of National Defense, gave an explanatory speech.

The Minister affirmed that he will research, advise, and report to the Prime Minister and competent authorities to promptly issue instructions and decisions on how to mobilize forces, means, and apply measures in the most effective and fastest way to meet specific requirements at the scene.

Regarding the effective date of the law, the Minister agreed with the proposal that the law will take effect from July 1, 2026.

The Minister added that the Civil Defense Law has been applied very effectively during the recent stormy seasons. The armed forces have participated in providing support in many areas.

General Phan Van Giang highly appreciated the proposal to add other means of communication besides loudspeakers. "Now, the messages sent are sent to the devices. The only thing is to verify the message to be accurate. This proposal is very good, we will accept it," he said.

Source: https://vietnamnet.vn/dai-tuong-phan-van-giang-xay-ra-tham-hoa-nha-giau-cung-tro-thanh-nha-ngheo-2456816.html