On the afternoon of November 24, in the program of the 6th Session of the 15th National Assembly, the National Assembly officially passed the draft Law on Management and Protection of National Defense Works and Military Zones.
Before the National Assembly deputies participated in the vote, on behalf of the National Assembly Standing Committee, Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi presented a summary report explaining the reception and revision of the draft Law on Management and Protection of National Defense Works and Military Zones.
Accordingly, based on the opinions of the National Assembly deputies (NA deputies) and the opinions of the members of the National Assembly Standing Committee (NASC), the NASC directed the agency in charge of the review to closely coordinate with the agency in charge of drafting, the Standing Committee of the Law Committee and relevant agencies to absorb, revise and carefully review the content and legislative techniques of the draft Law; The Government has issued a document agreeing with the absorbed and revised draft Law. On November 23, 2023, the NASC issued a full report No. 693/BC-UBTVQH15.
Regarding the classification and grouping of CTQP and KQS in (Article 5, Article 6), Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi said that there were opinions suggesting clarifying the relationship between the classification and grouping of CTQP and KQS; clarifying which types of works belong to the Special Group, which types of works belong to Group I, Group II and Group III and proposing specific regulations in the draft Law; reviewing to be consistent with the provisions of the draft Law.
Based on the opinions of the National Assembly Deputies, after review, the Standing Committee of the National Assembly proposed that the National Assembly replace the word "is" with the word "including" in some points and clauses of these two articles to be consistent with the content of the law; at the same time, revise Articles 5 and 6 as in the draft Law submitted to the National Assembly for approval.
Regarding dual-use works (Article 7), there are suggestions to revise Clause 6 to make it more appropriate; add specific regulations on the management and protection of dual-use works when used for military and defense purposes; review the content of this Article to ensure strictness and feasibility.
Based on the opinions of National Assembly deputies, to ensure that the application of the Law is suitable for different subjects owning dual-use civil works and to avoid overlap in legal provisions, the Standing Committee of the National Assembly proposes that the National Assembly remove the phrase "law on management and use of public assets," and add the phrase "to establish records of management, statistics, and inventory of works managed, counted, and inventoried according to the provisions of Articles 10 and 14" at Point a, Clause 6, and at the same time revise Clauses 2 and 4 of this Article as in the draft Law submitted to the National Assembly for approval.
Regarding prohibited acts (Article 8), accepting the opinions of National Assembly deputies, the National Assembly Standing Committee proposed that the National Assembly add the word "profiteering" before the phrase "infringing upon the interests of the State" in Clause 6 and remove the content "handing over CTQP and KQS to units in violation of regulations", because it has been stipulated in Clause 3 of this Article.
Regarding the regulation on changing the purpose of using CTQP and KQS (Article 12), accepting the opinions of National Assembly Deputies, to unify the regulation on changing the purpose of using CTQP and KQS related to the recovery of national defense land stipulated in the draft Law on Land (amended) being accepted and revised, the Standing Committee of the National Assembly proposes that the National Assembly amend Point a, Clause 3, Article 12 of this draft Law as follows: "The Prime Minister decides to change the purpose of using CTQP and KQS to another purpose in the cases stipulated in Point b and Point c, Clause 2 of this Article, and at the same time consider and approve the recovery of land according to the provisions of the law on land for the land area with CTQP and KQS converted to another purpose".
The regulation on the authority to change the purpose of using CTQP and KQS within the scope of the Ministry of National Defense, still used for military defense tasks at Point b of this Clause, is researched and developed on the basis of legalizing the provisions of current law on the authority of the Minister of National Defense in the management and use of public assets that have been implemented stably. Therefore, the Standing Committee of the National Assembly proposes that the National Assembly keep it as in the draft Law.
Regarding the dismantling of military and defense equipment (Article 13), accepting the opinions of National Assembly deputies, the National Assembly Standing Committee proposed that the National Assembly add the phrase "due to the requirement to ensure State secrets", remove the phrase "or sell, liquidate" at the end of Point c, Clause 1 of this Article and revise it as follows: "No longer needed to use for military and defense tasks but due to the requirement to ensure State secrets, the purpose of use cannot be changed;" to be clearer and more specific about the case where there is no longer needed to use for military and defense tasks but the purpose of use cannot be changed, facilitating the organization of implementation.
Accepting the opinions of delegates on determining the protection scope of the CTQP and KQS (Article 17), the Standing Committee of the National Assembly proposed that the National Assembly add the phrase "or the airspace of KQS when established in the air" at the end of Point b, Clause 1 of this Article to be consistent with Clause 2, Article 2 of the draft Law, consistent with practice and creating a legal basis when establishing and arranging military equipment and KQS in the air. At the same time, through review, to ensure strictness, specificity and clarity, the Standing Committee of the National Assembly proposed that the National Assembly revise Clauses 2, 3 and 4 as in the draft Law submitted to the National Assembly for approval.
Regarding the protection regime for restricted areas, protected areas, CTQP and KQS safety belts; ammunition depot safety belts, and technical safety corridors of military antenna systems (Article 18), Chairman of the National Defense and Security Committee Le Tan Toi said that in reality, there are many types of military antenna systems and antenna obstacles are also very diverse; the draft Law only stipulates the protection regime for technical safety corridors of military antenna systems performing tasks at the campaign and strategic levels, but does not regulate the communication antenna systems of provincial military commands, district military commands and equivalents. Based on the opinions of National Assembly deputies, to ensure specificity, clarity, and convenience in implementation, the National Assembly Standing Committee has revised Clause 4, Article 2 and Point a of this Clause as in the draft Law submitted to the National Assembly for approval.
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