Draft Law amending and supplementing a number of articles of the Law on International Treaties: Overcoming the situation of "having ODA capital but not being able to do anything for the entire term"

From the local reality of "having ODA capital but not being able to do it during the entire term", discussing in groups this morning, October 31, National Assembly delegates proposed to clearly stipulate the time to handle administrative procedures in the direction of simplification, strengthening decentralization and delegation of power, thereby improving the efficiency of signing and implementing international treaties, especially in the use of ODA capital and preferential capital because this is an important resource for development.

Chairman of the Committee on Law and Justice Hoang Thanh Tung, National Assembly Delegation of Can Tho City, speaks

Discussing at Group 11 (including the National Assembly Delegation of Can Tho city and Dien Bien province) on the draft Law amending and supplementing a number of articles of the Law on International Treaties, National Assembly Deputies Hoang Thanh Tung (Can Tho), Chairman of the Committee on Law and Justice, National Assembly Deputies Lo Thi Luyen (Dien Bien), and National Assembly Deputies To Ai Vang (Can Tho) all expressed their high agreement with the necessity of amending the Law; basically agreeing with the contents of the Government's proposed amendments and the review opinions of the Committee on National Defense, Security and Foreign Affairs.

Head of the National Assembly Delegation of Can Tho City Nguyen Tuan Anh chaired the discussion session of Group 11.

Enhance flexibility and efficiency in foreign affairs

Delegate Lo Thi Luyen emphasized that amending and supplementing a number of articles of the Law on International Treaties is necessary and consistent with the Party's guidelines and policies on innovation, international integration and building a socialist rule-of-law state in the new situation; creating a synchronous and transparent legal corridor, consistent with the requirements of administrative reform and digital transformation; and at the same time overcoming "bottlenecks" in the implementation of current laws.

Analyzing further the need to amend the Law, delegate Lo Thi Luyen said that the current Law has "bottlenecks", affecting the progress and quality of implementing international treaties, especially urgent issues or those related to ODA capital and other preferential loans.

Looking at the reality of Dien Bien province, the delegate said that the locality "also has this source of capital, but has not been able to do it for the entire past term". The reason is that the negotiation procedures are carried out according to the donor's request, then the procedures according to the Law on Public Investment must be redone. This has slowed down the implementation progress, many times the deadline for implementing commitments with the donor has expired and the negotiation process must be returned to.

"It is very difficult, slowing down the project implementation progress. When it is delayed, it affects the problem of budget deficit, the problem of loan repayment...". Emphasizing this, delegate Lo Thi Luyen acknowledged that the contents of decentralization and delegation of power to the Prime Minister in the draft Law are very necessary.

In addition, delegates also suggested that it is necessary to amend and supplement the contents and clearly stipulate the time for handling administrative procedures in the direction of simplifying procedures, strengthening decentralization and delegation of power, thereby improving the efficiency of signing and implementing international treaties, especially in the use of ODA capital and preferential capital because these are important resources for socio-economic development.

National Assembly Delegate Lo Thi Luyen (Dien Bien) speaks

Expressing her views on specific issues of the draft Law, delegate Lo Thi Luyen agreed that the scope of amendments and supplements mainly focused on the contents related to the signing, amendment, supplementation, extension and implementation of international treaties. According to the delegate, amending and supplementing these provisions not only helps to overcome difficulties in practice but also contributes to simplifying the process, enhancing decentralization, thereby improving flexibility and efficiency in foreign affairs.

The delegate also said that the amended and supplemented contents in Article 9, Article 11, Article 54, Clause 3, Article 70 and supplemented Article 71A of the draft Law demonstrate the Government's efforts in reducing administrative procedures, shortening the time for reviewing and ratifying international treaties, creating favorable conditions for domestic agencies, organizations and individuals to access and implement treaties quickly and transparently.

For the 10-day period specified in Articles 9, 13, 30, 39, 41 and 54 of the draft Law, the consulted agencies must be responsible for responding in writing from the date of receiving complete documents and consulting.

Delegate Lo Thi Luyen asked: In case there is no timely response, what responsibility will those agencies have to bear? Are there any sanctions to handle it?

The current law and this draft law do not have any provisions on responsibility and sanctions. Although the time for comments has been reduced from 15 days to 10 days, how will the sanctions be handled for agencies that are slow to comment or do not implement or do not implement on time? Noting this issue, delegate Lo Thi Luyen expressed her agreement with the review report of the Committee on National Defense, Security and Foreign Affairs on the need to study and supplement this provision in the draft law.

National Assembly Delegate To Ai Vang (Can Tho) speaks

Regarding the above regulations on response time, delegate To Ai Vang also proposed to clearly stipulate "10 working days" to ensure that the consulted agency has enough time to review the legal, political, economic and foreign affairs content. "International treaties have high legal value, complex elements, are nationally binding and have long-term legal consequences, so they need to be carefully assessed," the delegate emphasized.

Further clarify the reporting roles and responsibilities of the President and the Government

Regarding the addition of provisions on authorization in special cases in Article 72A of the draft Law. Specifically, in cases where it is necessary to handle practical requests or urgent foreign affairs requests and after consulting with the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations, the proposing agency shall recommend that the Prime Minister report to the President to authorize the Prime Minister to decide on the negotiation, signing, amendment, and supplementation of a number of international treaties on behalf of the State under the authority of the President within a specified period of time. This provision does not apply to treaties specified in Points a to d, Clause 1, Article 4 of this Law.

Delegates To Ai Vang and Lo Thi Luyen both agreed to choose option 1 and said that the content of this regulation shows its conformity with the policy of decentralization and delegation of power and does not lose the authority of the President while still ensuring leadership and supervision in accordance with regulations. The Prime Minister being authorized in emergency situations requiring quick response in diplomatic activities will help shorten the time, increase flexibility and meet the requirements in the context of globalization.

National Assembly Delegate Nguyen Thanh Phuong (Can Tho) speaks

Delegate To Ai Vang suggested that Clause 1, Article 41 should further clarify the role and responsibility of the President and the Government in reporting on the accession and ratification of international treaties to the National Assembly and the National Assembly Standing Committee to enhance the control role of the National Assembly and the National Assembly Standing Committee over the signing of international treaties, especially issues that have a great impact on the nation.

Source: https://daibieunhandan.vn/du-an-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-dieu-uoc-quoc-te-khac-phuc-tinh-trang-co-von-oda-ma-ca-nhiem-ky-khong-lam-duoc-10393785.html