The National Assembly discussed the draft Law on Management and Protection of National Defense Works and Military Zones.

Presenting the Report at the Session, Chairman of the National Assembly's Defense and Security Committee Le Tan Toi said that the draft Law on Management and Protection of Defense Works and Military Zones after being received and revised has 06 chapters with 34 articles.

Based on the opinions of National Assembly deputies, to be specific, clear, avoid overlaps in the explanation, and ensure consistency with the concept of "Military Zone" (KQS) and the contents of the draft Law, Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi said that the National Assembly Standing Committee (NASC) has revised the concept of national defense works (CTQP) as construction works, terrain, and natural landmarks identified and renovated by the army, agencies, and organizations assigned to manage and protect to serve military, national defense, defense, and Fatherland protection activities; CTQP can be located inside or outside KQS.

1(2).jpg — Chairman of the National Assembly's Defense and Security Committee Le Tan Toi reports at the meeting.

In addition, to ensure strictness, the Standing Committee of the National Assembly proposed to revise this concept as follows: "KQS is a limited area established on the ground, underground, on the water surface, underwater, in the air, specifically identified for military and defense purposes".

Regarding the provisions on dual-use works, Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi said that dual-use works stipulated in the draft Law are works combining national defense with socio-economics and socio-economics with national defense stipulated in Article 15 of the Law on National Defense; dual-use airports are a type of dual-use works and the management and protection of dual-use works are carried out according to the provisions in Clause 6 of this Article; the provision of 01 Article on dual-use works in the draft Law is appropriate, serving as a legal basis for the management, protection, and promotion of the value and features of this type of work.

In case of demolition of defense construction works, it is carried out when the defense construction works are not suitable for use in socio-economic development projects, the project investor has no need to use them, or the defense construction works are forced to be demolished to ensure military secrets. The authority to demolish defense construction works is decided by the Minister of National Defense, but the conversion of the purpose of use of the defense land area where the defense construction works are demolished to another purpose is still decided by the Prime Minister. Therefore, the Standing Committee of the National Assembly proposes to keep it as in the draft Law...

At the meeting, delegates focused on giving comments to complete the draft Law. Delegate Nguyen Tam Hung - National Assembly Delegation of Ba Ria - Vung Tau province expressed high agreement with many contents of the report explaining and accepting the revision of the draft Law on Management and Protection of National Defense Works and Military Zones. Accordingly, the Draft Law has been carefully and meticulously prepared, fully absorbing the opinions of National Assembly delegates.

Regarding the interpretation of terms, Clause 2, Article 2 of the draft law stipulates that “a military zone is a limited area established on the ground, underground, on the water surface, underwater, in the air, and specifically designated for military and defense purposes.” To be consistent with the Law on Planning and the Land Law, and especially consistent with the provisions on boundaries between real estates of the Civil Code, delegates suggested considering adding this provision to: “a military zone is a limited area established by a military agency on the ground, underground, on the water surface, underwater, in the air, specifically designated for military and defense purposes, and whose ownership is determined by authorities at all levels.”

Speaking at the meeting, Minister of National Defense Phan Van Giang thanked the dedicated and responsible opinions of the National Assembly deputies. The Ministry of National Defense will fully absorb the opinions of the National Assembly deputies, continue to research and perfect the draft law to ensure consistency and synchronization with the legal system, create conditions for socio-economic development and ensure national defense and security.

2(1).jpg — Minister of National Defense Phan Van Giang received and explained some opinions at the meeting.

The Minister of National Defense said that if every concept is explained thoroughly and in detail, Chapter 2 will be very large and cover a lot of content. Taking full advantage of the opinions of the delegates, the drafting agency will study to explain in detail and specifically while ensuring the harmonious structure of the draft law.

Regarding the classification and grouping of defense works and military zones, the Minister said that the classification and grouping in the draft law were studied to inherit the provisions of Decree No. 04 of the Government dated January 16, 1995 promulgating regulations on the protection of defense works and military zones in accordance with the characteristics and nature of each type and group of defense works and military zones, meeting the practical requirements of management and protection work according to the provisions of the Law on Management and Use of Public Assets at People's Armed Forces Units, public assets, special assets, specialized assets, assets serving management work consistent with the scope of regulation of this law.

The Minister emphasized that the classification and grouping of defense works and military zones are very important, serving as a basis for determining the scope, requirements, content of management and protection, and appropriate management and protection regimes and measures for each type of group, and as a basis for developing regimes and policies for related subjects. Due to the diverse nature of defense works and military zones as well as the requirements of management and protection, the classification in the draft law is appropriate, consistent with the scope of the draft law, consistent with the provisions of the law, etc.

The Minister said that the drafting agency will fully synthesize, absorb, and carefully explain the opinions of the delegates to complete the draft law with high quality.

Concluding the discussion session, Vice Chairman of the National Assembly Tran Quang Phuong said that the Secretary General of the National Assembly will have a report summarizing all the discussion and debate opinions to send to the delegates for monitoring and forwarding to the agencies for research, acceptance and explanation, and request the Standing Committee of the National Defense and Security Committee to urgently preside over and coordinate with the drafting agency and relevant agencies to receive and fully explain the opinions of the delegates to complete the draft Law; complete the Report on explanation and acceptance of the draft Law to submit to the National Assembly for consideration and approval to ensure quality, create high consensus, in accordance with the plan and program of the session.

Source