Dak Lak Provincial National Assembly Delegation discusses important draft laws

On November 3, continuing the 10th session of the 15th National Assembly, the National Assembly listened to a number of Reports and Examination Reports on draft laws and discussed them in groups.

View of the meeting in the hall (Photo: quochoi.vn).

Delegates reviewed and evaluated the submissions and appraisal reports on the drafts: Law amending and supplementing a number of articles of the Law on Public Debt Management; Law amending and supplementing a number of articles of the Law on Insurance Business; Law amending and supplementing a number of articles of the Law on Statistics; Law amending and supplementing a number of articles of the Law on Prices; Law on E-commerce and conducted group discussions.

Participating in the discussion at Group 15, regarding the draft Law on E-commerce, Deputy Head of the National Assembly Delegation of Dak Lak Province, Le Dao An Xuan, said that the provisions in Clause 4, Article 6 on prohibited acts, related to "using algorithms or measures to limit or prioritize the display of goods and services of sellers without publicly disclosing the main selection criteria used", are still unclear, especially in the phrase "main selection criteria".

The delegate said that current practice shows that the application of algorithms to evaluate consumer behavior is being applied very strongly by social networks and e-commerce platforms, directly affecting the visibility of sellers' goods, especially in cases where sellers do not use advertising services. The delegate raised the issue of whether there are specific regulations on this display content in the contracts between e-commerce platforms or social networks with sellers; if so, how is the display mechanism determined, and if not, how is control, supervision and fairness between the parties implemented.

Deputy Head of the National Assembly Delegation of Dak Lak Province Le Dao An Xuan contributed his opinions at the group discussion session (Photo: Provided by the National Assembly Delegation of the province).

From that reality, delegates suggested that the drafting agency should clarify this content and clearly define the form of inspection and supervision of the use of algorithms to ensure fairness among entities providing goods and services in the digital environment.

Regarding the regulation in Clause 4, Article 15 on the responsibility for automatic censorship of the content of product information initiated by the seller, it also needs to be considered. Delegate Le Dao An Xuan said that instead of strictly regulating "automatic censorship", the draft Law should only regulate the responsibility for censorship, and the form of censorship should be implemented according to the characteristics of each e-commerce platform, each type of service and each group of goods. The detailed content should be assigned to the Government to ensure flexibility, suitability with the diverse reality of the market and avoid falling into a situation where the Law is too strict in terms of technology, causing difficulties when reality changes.

Referring to the situation of "fake likes", "fake comments", "fake reviews" that are popular on social networks and e-commerce platforms, the delegate pointed out that in the past, user reviews were a reliable basis for choosing products, but now most of the reviews are faked through hiring people or hiring services to create comments, falsely reflecting the quality of goods. The delegate said that the draft law does not have regulations to adjust this content and suggested adding it to ensure the honesty of information, and at the same time consider this an important channel to prevent and stop counterfeit and poor quality goods.

Discussing the content of specialized inspection and examination, Vice Chairman of the National Assembly's Committee on Justice and Law Ngo Trung Thanh (National Assembly Delegation of Dak Lak province) said that it is necessary to thoroughly implement the requirement of innovation in legislative thinking, including the principle of not repeating provisions that have been clearly defined in the original law and not including in specialized laws contents under the Government's authority.

Vice Chairman of the National Assembly's Committee on Justice and Law Ngo Trung Thanh contributed his opinions at the group discussion session (Photo: Provided by the provincial National Assembly delegation).

Delegate Ngo Trung Thanh cited the case of a number of draft laws presented at this session that tend to replace the phrase "inspection, examination" with "inspection, specialized inspection", while the Law on Inspection has been issued and fully regulates the authority, order and procedures for inspection. The delegate emphasized that if there are no specific regulations, it is not necessary to continue to include the content of inspection in specialized laws, because the consequences are easy to lead to duplication, formality or repetition without new legal value. According to the delegate, inspection is a tool of state management, no field is excluded, whether or not specialized laws mention it, so the addition or omission must ensure strict legislative technicality.

Regarding the draft Law amending and supplementing a number of articles of the Law on Insurance Business, delegate Ngo Trung Thanh commented on the transitional provisions in Article 157, according to which the draft adds Clause 4a stipulating that the headquarters, transaction offices, and member companies of insurance enterprises and reinsurance enterprises established before January 1, 2023 are allowed to continue operating. The delegate commented that this provision is unreasonable in terms of legislative techniques, because since January 1, 2023, the above-mentioned units are still operating normally and in accordance with the law, and there are no regulations requiring them to stop operating. Therefore, re-stipulating that these units "are allowed to continue operating" is unnecessary, even causing logical contradictions. The delegate suggested that the reviewing and drafting agency review and consider removing this provision.

Regarding the draft Law amending and supplementing a number of articles of the Law on Public Debt Management, delegates noted the technical issue of drafting documents when the draft is simultaneously merging two contents into the enforcement provisions: provisions on the validity of the law and amendments and supplements to the Law on Corporate Income Tax. Delegates suggested separating these two contents into two separate articles, in which the amendment of the Law on Corporate Income Tax should be stipulated before the provisions on enforcement to ensure accuracy in the structure and order of legal documents...

Daklak.gov.vn

Source: https://skhcn.daklak.gov.vn/doan-dai-bieu-quoc-hoi-tinh-dak-lak-thao-luan-ve-cac-du-thao-luat-quan-trong-19961.html