Continuing the program of the 5th session, on the morning of May 23, the National Assembly discussed in the hall the proposed Law and Ordinance Development Program in 5, adjusting the Law and Ordinance Development Program in 2024.
Delegate Le Xuan Than (Doan Khanh Hoa) agreed with the content of the Report on the Law and Ordinance Development Program in 2024, and the adjustment of the Law and Ordinance Development Program in 2023. However, the delegate reflected the long-standing situation of many years in the delay in sending documents, dossiers and proposals that need to take measures to solve this problem, ensuring thorough study time for high quality draft laws and resolutions.
In addition, delegates agreed to separate the entire content of the Law on Road Traffic Order and Safety from the Road Law to consider two laws at the same time, ensuring the quality of legislative work.
In the document sent to the National Assembly deputies, there is a content that will be incorporated into the program by 2024, which is to amend and supplement the Law on Commercial Arbitration in 2010 chaired by the Vietnam Bar Association. But, in the program of developing laws, ordinances and drafts submitted to delegate Le Xuan Than, he said, "I did not see the appearance of the phrase "amending and supplementing the Law on Commercial Arbitration 2010".
Therefore, the Khanh Hoa delegation proposed to the drafting committee and suggested agencies to consider. Because, the current criteria of countries in the world as well as in Vietnam have begun to attach importance to the settlement of disputes outside the court, including commercial dispute resolution and commercial arbitration as one of the very effective settlement mechanisms.
Interested in the 2005 Commercial Law, the delegate said that the e-commerce sector is currently regulated by 3 decrees. The Commercial Law was formulated nearly 20 years ago, so far there are many contradictions and backward compared to the 2015 Civil Code, not responding to the development of e-commerce.
Delegates proposed to consider amending the Commercial Law, the Law on Commercial Arbitration to align with the 2015 Civil Code and the Commercial Law, as well as to settle disputes by court or out of court with Commercial Arbitration.
Regarding the Law on Commercial Arbitration, National Assembly member Vu Tien Loc (Hanoi delegation) agreed with delegate Le Xuan Than that strengthening the Law on Commercial Arbitration in the near future is a very important requirement. Especially, when cross-border transactions between countries are over 90% and disputes are handled through arbitration.
“I propose to continue to amend the Law on Commercial Arbitration this time. However, I also know that the Vietnam Bar Association has not yet made an official proposal to the National Assembly. Therefore, the National Assembly and Standing Committee of the National Assembly have not yet put it on the official program. We are working closely with the Vietnam Bar Association to be able to submit soon. I hope that the National Assembly will support the inclusion of this revised law in the law-making program in the near future,” said delegate Vu Tien Loc.
Discussion at the hall, based on the orientation project and Article 52 of the 2013 Constitution, delegate Truong Trong Nghia (Ho Chi Minh City delegation) expressed his agreement with delegate Le Xuan Than's opinion on the urgency of amending and supplementing the Commercial Law.
Since 2005 until now, Vietnam has participated in many international agreements and conventions, digital technology and digital trade have thrived in the context of the world economy developing constantly.
Therefore, the 2005 Commercial Law was outdated, delegate Truong Trong Nghia proposed to add the Commercial Law to the Law and Ordinance Development Program of the XNUMXth National Assembly.
Besides, delegate Truong Trong Nghia proposed to add to the Law and Ordinance Development Program, to the XV Orientation Project, the Special Urban Law.
The delegate said that it is time for us to develop a special Urban Law to operate and manage special cities with effective legal documents. Therefore, it is necessary to develop a special Urban Law, and to have a medium and long-term orientation.
The Urban Law especially is the orientation for the development of other cities in our country such as Hai Phong, Da Nang, Nha Trang, and Can Tho. Therefore, the delegation of Ho Chi Minh City also proposed to add the Law on Regional Economic Cooperation to the Law and Ordinance Development Program..