There should be provisions on exclusion and disclaimer of liability.
Controlled testing is the permission to implement new technologies, products, services or business models that are not yet regulated by law or are regulated by law but are no longer suitable, so if all current legal regulations had to be applied, they would not be possible.
Reporting to the National Assembly Standing Committee, Mr. Hoang Thanh Tung, Chairman of the Law Committee - the agency in charge of receiving and revising the draft, said that there were opinions suggesting careful consideration of giving the City People's Council the right to decide on exemption from the application of legal provisions; clarifying the exemption from liability of related parties and specific regulations in this law.
The Standing Committee of the Law Committee believes that, in order for the regulation on the controlled testing mechanism to be effective in practice, ensure feasibility, and create initiative for Hanoi , it is necessary to allow the City People's Council, based on the assessment of the level of risk and controllability, to have the right to exempt some provisions of the law within the limited scope of testing as in Clause 5, Article 25 of the draft Law.
At the same time, these are new, unprecedented contents, implemented for the first time, so the risk level is often quite high, many issues are not practical, cannot be fully anticipated, so if there are no regulations on exclusion and exemption of liability according to relevant laws, it is impossible to encourage organizations, businesses and individuals to actively participate in innovation.
On the other hand, for state agencies, officials and civil servants directly responsible for advising, guiding and controlling the implementation of piloted contents, it is also necessary to apply regulations on encouraging and protecting those who dare to think and act for the common good.
There needs to be a suitable legal corridor so that officials can feel secure, proactive, and creative in proposing innovative management mechanisms, creating an environment and favorable conditions for innovative and creative ideas of organizations, individuals, and businesses to develop and realize, bringing many benefits and efficiency to society.
Therefore, on the basis of consulting and upgrading the provisions of Decree No. 73/2023/ND-CP dated September 29, 2023 of the Government on encouraging and protecting dynamic, creative, daring, and responsible cadres for the common good, the draft law has been revised in the direction of stipulating the exclusion of responsibility or non-handling of responsibility for agencies, cadres, and civil servants directly guiding and controlling the testing process in cases where the regulations on procedures, guidance, control, and supervision have been properly implemented, with pure motives, for the common good.
City People's Committee announces list of priority and incentive fields
Regarding authority and responsibility, the draft law stipulates that the City People's Committee decides and publishes a list of priority areas, encourages registration for controlled testing; grants licenses and issues separate testing regulations for each new technology, product, service or business model allowed to be tested; decides to adjust the scope of testing, extend or terminate testing.
At the same time, organize guidance and control of the testing process; consult with ministries and ministerial-level agencies responsible for state management of sectors and fields related to testing content regarding the subjects, scope of proposed controlled testing and issues arising during the testing process if deemed necessary.
Ministries and ministerial-level agencies are responsible for giving opinions on the contents that the City People's Committee requests consultation on.
The City People's Committee reports to the City People's Council for permission to exempt certain provisions of the law to serve the testing requirements before granting a testing license. Report on the content, scope, and subjects exempted from the application of legal provisions to the competent authority issuing such provisions for monitoring and serving the requirements of state management;
Every year, the City People's Committee reports to the Government and the City People's Council on the situation and results of the implementation of controlled testing contents licensed by it; recommends expanding the scope of testing outside the City and solutions to improve the law on related fields and contents.
The draft regulation stipulates that the maximum period for conducting controlled trials is 3 years and can be extended once for no more than 3 years./.
Source: https://vov.vn/chinh-tri/co-che-thu-nghiem-co-kiem-soat-cho-ha-noi-lam-sao-de-can-bo-dam-lam-post1100936.vov
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