Proposal for Hanoi to have a controlled testing mechanism

The draft Law on the Capital (amended) will be submitted to the National Assembly for consideration and approval at the 7th session next May.

New model to create breakthrough for the capital

Chairman of the Law Committee Hoang Thanh Tung said that, based on the opinions of National Assembly deputies, the draft law has been revised in the direction of defining the content and areas allowed for controlled testing, defining the necessary legal framework so that Hanoi city can allow controlled testing of new technologies, products, services, and business models with scope of application in the city, in accordance with the control capacity of the city government, in which exemptions from the application of some provisions in laws, ordinances, resolutions, decrees, etc. are allowed in accordance with the scope, requirements, and purposes of testing.

Chairman of the Law Committee Hoang Thanh Tung

The agency examining the draft law believes that such a provision is consistent with the requirements of Resolution No. 52-NQ/TW dated September 27, 2019 of the Politburo on a number of policies and strategies to proactively participate in the Fourth Industrial Revolution, creating a basis for Hanoi to attract and facilitate the practical implementation of new technological solutions, products, services, and business models, encouraging the spirit of innovation, making Hanoi truly one of the leading centers of innovation in the country and the region.

“Because the controlled testing mechanism is a new model, there is no practical testing yet, so the Standing Committee of the National Assembly recommends that agencies continue to research and consult with ministries and branches to perfect this regulation,” according to Mr. Hoang Thanh Tung.

Regarding the scope of contents that can be applied to the controlled testing mechanism, there are opinions suggesting that the contents and fields that are allowed to be tested under control should be more specifically limited, for example, only including new technologies in certain fields as stipulated in Resolution No. 98/2023/QH15 of the National Assembly applicable to Ho Chi Minh City because this is a new content, requiring cautious steps.

Avoid widespread use because it is easy to be overlooked.

Supporting this regulation, delegate Pham Trong Nghia (Lang Son delegation) suggested a cautious approach to ensure good control. He said that the law should specifically limit a number of areas that are allowed to be tested under control and should not be left to the City People's Committee to decide. According to international experience, the areas that are subject to the testing mechanism will be decided by the market but are usually: finance, banking; education; healthcare.

Delegate Pham Trong Nghia

This delegate also wondered why the draft law mainly focuses on regulating the input of the testing mechanism but does not have any output regulations such as how to withdraw from the testing mechanism? What are the legal consequences when the testing mechanism ends? He suggested considering adding these regulations to the draft law.

Also analyzing the above content, delegate Tran Van Khai, Standing Member of the Committee on Science, Technology and Environment, said that the draft law's regulations on controlled testing have unclear limits.

Raising the question of "how should areas of application related to citizens' interests or human rights, privacy rights... that are within the scope of the Constitution be handled?", Mr. Khai said that the regulations are still ambiguous and can easily conflict with the law in specific cases.

With the authority of the Hanoi People's Council, according to Mr. Khai, it is necessary to stipulate specific conditions and specific areas to be implemented. This is to avoid arbitrary application, or creating inconsistent understanding and application of the law, many areas are only decided by the National Assembly through a law.

“It is necessary to amend the provisions of Article 25 to suit the requirements and practical application in Vietnam in the direction of regulating the mechanism, scope, conditions, and limitations in each field in accordance with specific conditions. There should not be general regulations that can be applied widely, which can easily lead to loopholes,” said Mr. Tran Van Khai.

Delegate Tran Van Khai

Delegate Trinh Xuan An (Standing Member of the National Defense and Security Committee) commented that the scope of the draft law is still relatively broad. He suggested that it is possible to build a pilot list in areas directly related to the socio-economic development of the capital and general trends, such as finance, digital transformation, AI, etc.

According to Mr. Trinh Xuan An, testing is often associated with risks, and risks require the exclusion of some responsibilities, so it is necessary to review regulations on the exclusion of some responsibilities related to this issue.

Testing is allowed, but Mr. Trinh Xuan An assessed that the control part is too strict, making it very difficult to test. "As for Clause 7, Article 25, it is unlikely that any business or individual would dare to test" - Mr. An said.

Also related to this issue, delegate Nguyen Hai Dung (Nam Dinh delegation) requested to clarify the regulations related to temporary suspension and suspension of testing, because this decision leads to legal consequences that the unit proposing the pilot must stop implementation.

“At that time, do organizations and enterprises have the conditions to complain to the City People's Committee and file a lawsuit in court? Will the court use the regulations issued by Hanoi as a basis, because if it is based on the current legal basis, it is not reasonable?” - the delegate raised the question and said that it needs to be clearly stated to ensure transparency.

Source: https://vov.vn/chinh-tri/de-xuat-cho-ha-noi-co-che-thu-nghiem-co-kiem-soat-dot-pha-nhung-tranh-so-ho-post1084971.vov