Politburo member and National Assembly Chairman Tran Thanh Man attended the discussion session at Group 13, including National Assembly delegations from the provinces of Lang Son, Bac Ninh, Dak Lak and Hau Giang .
Adding 3 titles to the guard category is appropriate.
Participating in the speech at Group 13, the majority of National Assembly deputies (NA deputies) agreed with the necessity of amending and supplementing a number of articles of the current Law on Guards; at the same time, it was stated that the promulgation of the Law amending and supplementing a number of articles of the Law on Guards aims to institutionalize the Party's guidelines and viewpoints in recent times on building the People's Public Security force, especially the Resolution of the 13th National Party Congress on the content of building the People's Public Security force; Resolution No. 12-NQ/TW, dated March 16, 2022 of the Politburo on promoting the building of a truly clean, strong, disciplined, elite, and modern People's Public Security force to meet the requirements and tasks in the new situation; Conclusion No. 35-KL/TW, dated May 5, 2022 of the Politburo on the list of leadership positions and equivalent positions of the political system from the Central to the grassroots level; Resolution No. 44-NQ/TW dated November 24, 2023 of the Central Executive Committee on the Strategy for National Defense in the new situation.
In particular, the amendment and supplementation of a number of articles of the Law on Guards aims to continue to specify the provisions of the Constitution on human rights and civil rights; overcome shortcomings, limitations, difficulties and problems arising in the practice of guard work in recent times, meet the requirements of guard work tasks in the new situation; contribute to supplementing and perfecting the legal system on protecting national security, ensuring social order and safety, proactively preventing, detecting and promptly stopping all plots, activities and acts, and other factors that harm the safety of guard subjects.
Giving opinions on the regulations on security subjects (Clause 3, Article 1), National Assembly deputies Tran Thi Van (Bac Ninh), Nguyen Trung Thanh (Dak Lak)... agreed with the addition of security subjects as the Standing Member of the Secretariat, Chief Justice of the Supreme People's Court, and Chief Prosecutor of the Supreme People's Procuracy as in the draft Law. This is to promptly institutionalize the Party's regulations, especially Conclusion 35-KL/TW on the list of titles, leadership positions and equivalents of the political system from the Central to the grassroots level and ensure consistency, fairness, transparency in titles, positions and regimes and policies for senior leaders of the Party, State and Vietnam Fatherland Front.
Delegates also stated that the addition of the three above-mentioned titles and positions is consistent with the nature and importance of these positions in the political system.
Review and ensure the consistency of the legal system
Contributing opinions to the draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended), National Assembly Deputy Pham Trong Nghia (Lang Son) agreed with the necessity of developing the Law to perfect the mechanisms, policies, procedures, and administrative procedures and overcome difficulties, obstacles, and inadequacies arising in the process of enforcing the law on management and use of weapons, explosives and supporting tools, ensuring consistency with relevant laws; at the same time, creating a legal basis for state management and crime prevention and violations of the law on weapons, explosives and supporting tools.
In particular, according to delegate Pham Trong Nghia, the content of the draft Law closely follows the four policies approved by the National Assembly Standing Committee.
Specifically, policy 1 is: Completing regulations on the concepts of weapons, support tools, weapon components, support tools and new industrial explosives; regulations on the management of production, business, export and import of highly lethal knives.
Policy 2 is: Reduce and simplify documents and records prescribed in administrative procedures on weapons, explosives, explosive precursors, and support tools; regulate the issuance of licenses to use weapons and support tools, not specify the duration of the license to use, and switch from issuing registration certificates to issuing licenses to use support tools.
Policy 3 is: Allow foreign organizations and enterprises to donate, present, and provide weapons and support tools to Vietnam for research, production, equipment, and use.
Policy 4 is: Amending and supplementing a number of regulations on research, production, trading and use of industrial explosives to remove difficulties and obstacles for organizations and enterprises serving socio-economic development.
Basically agreeing with the provisions of the draft Law and the explanatory report of the examining agency, however, in order for the Law to be consistent with real life after it comes into effect, National Assembly Delegate Le Thi Thanh Lam (Hau Giang) raised the issue: In Clause 2, Article 3 stipulates military weapons, in which the Minister of National Defense and the Minister of Public Security will issue a List of weapons - it is understood that the weapons in these two Lists will be considered military weapons.
However, at point d of this clause, there is a provision that "Other weapons with similar features and effects to the weapons specified in points a and b of this clause are not included in the list issued by the Minister of National Defense and the Minister of Public Security". Thus, any weapon with features as described - whether included in the List or not - is a military weapon; if this provision is followed, it is not necessary to issue a List. Noting this, delegate Le Thi Thanh Lam proposed to consider removing the provision that a List of weapons must be issued as specified in Clause 2, Article 3.
Similarly, with clause 11 explaining the phrase “support tools”, this provision has many overlapping points with the provisions on military weapons in clause 2, Article 3. Raising this issue, delegate Le Thi Thanh Lam cited an example showing that “guns” and gun components can be classified as military weapons or support tools. Failure to clearly distinguish between these two concepts will lead to difficulties in determining and applying management policies for weapons and support tools.
"We propose to review the regulations on these two concepts to clearly distinguish between military weapons and support tools," said delegate Le Thi Thanh Lam.
Also concerned about the provisions on the interpretation of terms in Article 3, delegate Pham Trong Nghia raised the issue: Clause 4 stipulates that rudimentary weapons are weapons with simple structures and operating principles, including: Swords, spears, lances, bayonets, knives, machetes, clubs, fists, maces, bows, crossbows, and darts in the list issued by the Minister of Public Security; High-damage knives are sharp knives, pointed knives, and pointed knives with a blade length of 20cm or more, or with a blade length of less than 20cm but converted or assembled to have the same function and effect as high-damage knives in the list of rudimentary weapons issued by the Minister of Public Security. The use of high-damage knives for labor, production, and daily life purposes is not within the scope of this Law .
Next, Clause 13, Article 3 of the draft Law stipulates: “ Business” is the buying and selling of weapons, explosives, explosive precursors, and supporting tools. Meanwhile, Clause 21, Article 4 of the Enterprise Law stipulates: Business is the continuous implementation of one, several, or all stages of the process from investment, production to consumption of products or provision of services on the market for the purpose of seeking profit.
Pointing out these differences, delegate Pham Trong Nghia suggested that it is necessary to review the regulations to ensure the consistency of the legal system.
Article 5 stipulates prohibited acts in the management and use of weapons, explosives, explosive precursors and supporting tools. In which, Clause 12 stipulates “Guiding, training, organizing illegal training on how to manufacture, produce, repair, assemble, use weapons, explosives, explosive precursors, supporting tools or illegally advertising weapons, explosives, explosive precursors, supporting tools in any form” . However, Clause 7, Article 7 of the Advertising Law prohibits advertising of “Hunting guns and hunting gun bullets, sports weapons and products and goods that incite violence”. Believing that it is unnecessary to regulate advertising in the draft Law, delegate Le Thi Thanh Lam proposed to remove this provision.
Regarding the State's policy , the draft Law does not have specific provisions on the State's policy on weapons, explosives and supporting tools. Therefore, delegate Pham Trong Nghia proposed to consider adding a provision on this issue. In particular, it identifies the contents that the State has a monopoly on, the areas that the State prioritizes investment in or creates a mechanism to encourage other entities in society to invest, such as the production of weapons, explosives and supporting tools for export.
Besides, according to Report No. 133/BC-BCA-C06 dated January 16, 2024 of the Ministry of Public Security, After 5 years of implementing the Law on Management and Use of Weapons, Explosives and Supporting Tools, it was found that: "A part of the people, especially ethnic minorities in remote areas, have not fully recognized the meaning and importance of the management and use of weapons, explosives and supporting tools, so they have not seriously implemented the provisions of the law in this field". Therefore, delegate Pham Trong Nghia proposed to supplement the State's policy for ethnic minorities in remote areas.
At the Discussion Session, delegates also focused on discussing and contributing opinions on regulations on the responsibilities of organizations and enterprises researching, manufacturing, producing, trading, transporting and using explosive precursors.
Source: https://daibieunhandan.vn/chinh-tri/phan-biet-ro-vu-khi-quan-dung-va-cong-cu-ho-tro-i372747/
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