Phu Yen Online - 5th Session, 15th National Assembly: Legalizing regulations on bad debt handling

Continuing the program of the 5th Session of the 15th National Assembly , National Assembly Deputies participated in group discussions on two projects: Law on Water Resources (amended) and Law on Credit Institutions (amended).

The Phu Yen National Assembly Delegation participated in the discussion at Delegation Group No. 9, together with the National Assembly Delegations of Quang Ninh, Quang Ngai and Ben Tre provinces; under the direction of Comrade Pham Dai Duong, Member of the Party Central Committee, Secretary of the Provincial Party Committee, Head of the Phu Yen National Assembly Delegation, Head of Delegation Group No. 9.

Legal basis for handling secured assets

Participating in the discussion on the Law on Credit Institutions (amended), delegate Le Van Thin, Deputy Head of the Phu Yen National Assembly Delegation, said that the draft Law on Credit Institutions (amended) this time has some very different contents compared to the Law on Credit Institutions 2010, including the addition of regulations on bad debt handling in Resolution 42/2017/QH14. These regulations of Resolution 42 are necessary to handle difficulties and problems of credit institutions in the process of handling secured assets.

After more than 5 years of implementation, Resolution 42 has shown clear effectiveness in supporting the handling of bad debts of credit institutions, affirming that the provisions of the resolution have created a suitable, timely and effective legal basis for the implementation of the right to handle bad debts and handle secured assets of credit institutions.

Delegate Le Van Thin basically agreed on the legalization of regulations on bad debt handling in Resolution 42 to achieve the goal of fully supplementing the legal basis for bad debt handling, handling secured assets of credit institutions to quickly handle bad debt, unblock credit sources for the economy, and contribute to promoting the development of the debt trading market according to the instructions of competent authorities.

However, delegates said that some legalized contents need to be carefully evaluated to be consistent and consistent with the legal system, such as: The legalization of the provisions of Resolution 42 allows credit institutions to have the first right to secured assets; priority in resolving secured assets for credit institutions; some legalized provisions on asset seizure, priority order of payment when handling secured assets, return of evidence; order of payment of proceeds from secured assets, etc.

Therefore, the delegates suggested that the drafting agency study and carefully review the legalized regulations in a specific and strict direction to ensure that the legitimate rights of credit institutions are limited within the scope of the law. Thereby, protecting the legitimate rights of organizations and individuals; ensuring that these regulations are built on the principle of ensuring the interests of the people and the national interest, preventing the exploitation and profiteering of policies.

Necessary to amend the Law on Water Resources

Speaking on the draft Law on Water Resources (amended), delegate Le Dao An Xuan commented on the principles of management, protection, exploitation, use of water resources, prevention, control and overcoming of consequences of water-related harm in Article 4. The delegate suggested prioritizing the replenishment of underground water resources in accordance with natural laws.

Article 29 stipulates that untreated wastewater must not be discharged into surface water or the sea, but does not stipulate the discharge of wastewater into underground water sources. Delegates believe that there should be regulations and definitions on what discharge into underground water sources is. In addition, delegates added comments on the provisions in Articles 10, 20, and 36 of the draft law.

Delegate Duong Binh Phu agreed with the need to amend the Law on Water Resources to complete a synchronous and unified legal corridor, ensuring transparency to be able to exploit resources to the maximum, allocate them reasonably and use them effectively, and ensure national water security. The delegate said that it is necessary to focus on preventing, controlling, and restoring degraded, depleted, and polluted water sources; clearly defining the responsibilities for water resource management and the responsibilities for managing water exploitation works at both central and local levels, and overcoming overlaps and conflicts in laws.

Delegate Le Quang Dao also highly agreed with the necessity of amending the Law on Water Resources and contributed comments on some specific contents of the draft law such as regulations on underground water and seawater in Clause 2, Article 1; regulations on protecting the quality of domestic water sources in Clause 4, Article 28 and some other contents.

Delegate Le Van Thin said that Clause 1, Article 34 of the draft Law on Water Resources (amended) stipulates the prevention and control of seawater pollution, the solution is more focused on "prevention" and does not pay much attention to "prevention". In addition, the regulation on the prevention and control of seawater pollution depends entirely on organizations and individuals without the management and guidance of competent authorities, which is not appropriate. Therefore, the delegate suggested that there should be specific regulations to guide implementation to ensure that prevention and control is carried out with the priority of "prevention" first, "control" later...

QUOC LUAN

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