The Government has just issued Resolution No. 05/NQ-CP dated January 5, 2024, from the specialized session on lawmaking in December 2023. In it, the Government gave its opinion on 7 proposals for the drafting of laws and ordinances and 2 draft laws.
The government requires ensuring the healthy and sustainable development of credit institutions. (Illustrative image)
Preventing cross-ownership in credit institutions.
Notably, regarding the process of receiving feedback, revising, and perfecting the draft Law on Credit Institutions (amended), the Government requires that the draft Law on Credit Institutions (amended) must ensure a sufficient legal basis to regulate the activities of credit institutions; and ensure the healthy and sustainable development of credit institutions, serving the development of the country.
The explanations, amendments, and revisions need to be analyzed in depth and persuasively, clearly stating the political , legal, and practical basis for the necessity of enacting the regulations in the draft Law; resolving difficulties and obstacles in the practical operation of credit institutions; preventing cross-ownership and the abuse of State policies for corruption and negative practices; and ensuring monetary security, national interests, ethnic interests, and the legitimate rights and interests of relevant individuals and organizations.
Strengthening the state management role of the State Bank of Vietnam, and the duties and powers of the Governor of the State Bank of Vietnam in controlling the operations of credit institutions, aims to ensure state management and monetary security.
Clearly define the methods for determining land prices.
Regarding the review, revision, and improvement of the draft Law on Land (amended), specifically concerning the content of land valuation methods and the cases and conditions for applying each method (Article 158), the Government has assigned the Ministry of Natural Resources and Environment to finalize the draft Law in a way that clearly defines the methods for determining land prices; the cases and conditions for applying these land valuation methods; and simultaneously assigns the Government to provide detailed regulations in the implementing Decree, ensuring clarity, transparency, and a balance of interests between the State, land users, and investors.
Regarding the use of land for commercial housing projects (Articles 122 and 127), the Government assigns the Ministry of Natural Resources and Environment to incorporate the opinions of Government members and revise these regulations to align with the principles outlined in Resolution No. 18-NQ/TW on "Continuing to implement the mechanism of self-negotiation between people and businesses in the transfer of land use rights for the implementation of urban and commercial housing projects" and to suit practical realities…
The Government has instructed the Ministry of Natural Resources and Environment to urgently incorporate the opinions of Government members on proposed amendments and revisions, fully reflecting the incorporated content in the draft Law to address practical obstacles, improve the land policy and mechanisms to create favorable conditions for production, business activities and socio-economic development; and at the same time establish a strict management, inspection, and control mechanism to prevent the loss of state assets, combat corruption and vested interests, ensure the consistency of the legal system, and closely coordinate with National Assembly agencies during the process of incorporating and revising the Law to create consensus when submitting this draft Law to the National Assembly in January 2024.
The government has requested a review and study of fire prevention and fighting regulations to ensure their feasibility, including allowing the application of appropriate foreign regulations. (Illustrative image)
Review and study fire prevention and fighting regulations to ensure their feasibility.
In this regard, the Government basically agreed on 5 policies in the Proposal for the Law on Fire Prevention, Fighting, and Rescue. The Government requested the Ministry of Public Security to study and incorporate the opinions of the Government and its members to further review and research ways to reduce and simplify administrative procedures; to decentralize and delegate maximum authority to localities to manage, implement, and be responsible for fire prevention and fighting work in their areas; and to establish regulations on handling administrative procedures online and digital transformation; clearly defining the functions of state management from the socialized sector.
Review and regulate appraisal activities in this Law to ensure consistency with appraisal activities in the construction sector, guaranteeing convenience for citizens and businesses. Research and regulate to strengthen the responsibility of investors in fire prevention and fighting; review and research fire prevention and fighting standards to ensure feasibility, including allowing the application of foreign standards if appropriate.
In addition, continue to review and classify existing constructions and facilities that have difficulties, obstacles, violations, or shortcomings after inspection, in order to establish transitional provisions in the Law and assign competent authorities to issue solutions to resolve and rectify them in the future…
This clearly demonstrates the policy of strengthening decentralization and delegation of power in urban development.
Regarding the Proposal to draft the Law on Urban Development Management, the Government assigns the Ministry of Construction to take the lead, in coordination with the Ministry of Justice, the Government Office, and relevant ministries and agencies, to research and fully incorporate the opinions of Government members, and revise and finalize the draft Law proposal according to the following requirements: Continue to summarize legal regulations on urban development management; clarify the obstacles and shortcomings arising in practice to propose appropriate policies, ensuring the full institutionalization of the Party's guidelines and the State's policies on urban development management.
Review and clearly define the scope of regulation, policy content, and implementation solutions in the Proposal for the Law, ensuring a comprehensive and holistic approach to urban development management, and ensuring consistency and synchronization with the provisions of the Planning Law, Investment Law, Public Investment Law, Construction Law, Environmental Protection Law, Capital City Law, Land Law, Housing Law, the Road Law project, the Urban and Rural Planning Law project, and other relevant laws and draft laws.
Research and revise the name, content, policy implementation solutions, and detailed outline of the Law, ensuring consistency with the Government's guidelines and direction in drafting this Law. The content and policy implementation solutions must clearly reflect the principle of strengthening decentralization and delegation of power, ensuring the effectiveness and efficiency of state management in urban development; promoting the application of science and technology and digital transformation; and innovating management, inspection, and supervision methods to minimize administrative procedures and ensure convenience for citizens and businesses.
Clearly explain the specific content of each policy, its social, economic, and legal significance when enacting them, and provide concrete evidence for the necessity of developing this Law for each policy content, such as: urban classification, urban assessment, urban models; requirements for compliance when building new cities, renovating and upgrading existing cities, and the linkages between cities to form a green, modern, and sustainable urban system…
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