The Law on Electronic Transactions (amended) consists of 8 Chapters and 53 Articles regulating the implementation of transactions by electronic means; it does not regulate the content, conditions, and forms of transactions. The subjects of application of the Law are agencies, organizations, and individuals directly participating in electronic transactions or related to electronic transactions.
According to the Law, agencies, organizations and individuals must comply with the provisions of the law on electronic transactions, the law on network information security, the law on network security and other relevant provisions of law when conducting electronic transactions. Information in data messages that fall within the scope of state secrets must comply with the provisions of the law on protection of state secrets and the law on cryptography.
Prohibited acts in electronic transactions include: taking advantage of electronic transactions to infringe upon national and ethnic interests, national security, social order and safety, public interests, and the legitimate rights and interests of agencies, organizations and individuals; illegally obstructing or preventing the process of creating, sending, receiving and storing data messages or committing other acts aimed at destroying the information system serving electronic transactions; illegally collecting, providing, using, disclosing, displaying, disseminating and trading data messages.
The Law also prohibits the illegal deletion, destruction, forgery, copying, falsification, or movement of part or all of a data message; the creation of a data message to commit an illegal act; fraud, forgery, appropriation, or illegal use of electronic transaction accounts, electronic certificates, electronic signature certificates, and electronic signatures; obstruction of the selection of electronic transactions; and other prohibited acts as prescribed by the Law.
Next, the National Assembly voted to pass the Resolution on capital allocation for the Socio- Economic Recovery and Development Program; allocation and adjustment of the medium-term public investment plan of the central budget for the 2021-2025 period and allocation of the central budget investment plan in 2023 of the National Target Programs with 96.36% of the total number of National Assembly deputies participating in the vote in favor.
The Resolution clearly defines many specific contents related to: Capital allocation for the Socio-Economic Recovery and Development Program; Allocation and adjustment of the medium-term public investment plan of the central budget for the period 2021-2025; Capital allocation for the National Target Programs in 2023.
Accordingly, to organize the implementation of the Resolution, the Prime Minister is assigned to: Assign the capital plan for the Socio-Economic Recovery and Development Program, the medium-term public investment plan of the central budget for the period 2021-2025 according to the provisions of the Law on Public Investment and Resolutions of the National Assembly; Assign the estimates and plans for investment of the central budget for 2023 of the National Target Programs to each Ministry, central agency and locality according to the provisions of the Law on Public Investment, the Law on State Budget and Resolutions of the National Assembly; Adjust the medium-term public investment plan of the central budget for the period 2021-2025 for the tasks and projects specified in Clauses 4 and 5, Article 2 of this Resolution.
At the same time, the Resolution also assigned the Government to direct: The People's Committee of Ninh Thuan province to urgently complete investment procedures for the Infrastructure Investment Project to stabilize the lives of people in Phuoc Dinh commune, Thuan Nam district and Vinh Hai commune, Ninh Hai district; the Ministry of Transport to urgently complete investment procedures for the Rail Connection Project between Lao Cai station and Ha Khau Bac station; report to the National Assembly Standing Committee for consideration and comments before the Prime Minister assigns capital plans to the projects according to regulations.
For the capital specified in Clause 6, Article 2 of this Resolution, the Resolution assigns the Government to direct ministries, central and local agencies to: Urgently complete procedures and approve investment policies for tasks and projects. The Government shall report to the National Assembly for consideration and decision at the latest at the 7th Session of the 15th National Assembly; between two sessions of the National Assembly, report to the National Assembly Standing Committee for comments before assigning the medium-term public investment plan for the period 2021-2025 to tasks and projects that have completed investment procedures, and report to the National Assembly at the nearest Session;….
The Resolution also stated that the Government and the Prime Minister directed ministries, central agencies and localities to strengthen financial and budgetary discipline; seriously learn from experience in implementing the Resolutions of the National Assembly and the National Assembly Standing Committee; directed to review and clarify the responsibilities of relevant organizations and individuals in the delay in completing investment procedures leading to the delay in reporting to the National Assembly Standing Committee according to Resolution No. 69/2022/QH15 of the National Assembly on the plan to allocate the remaining capital of the medium-term public investment plan for the 2021-2025 period and the Socio-economic Recovery and Development Program.
The Government is assigned to direct ministries, central and local agencies to synchronously and drastically deploy solutions to implement the Socio-Economic Recovery and Development Program, the medium-term public investment plan for the 2021-2025 period, and the central budget investment plan for 2023 in accordance with the National Assembly's Resolution, speed up the disbursement of capital sources, ensure management and use of capital sources in accordance with the law, for the right purposes, and effectively.
Allow capital adjustment between tasks and projects of the Socio-Economic Recovery and Development Program and tasks and projects under the medium-term public investment plan for the period 2021-2025 that have been allocated capital in the 2023 state budget estimate according to the provisions of Article 67 of the Law on Public Investment and allocate capital sources under the Medium-term Public Investment Plan for the period 2021-2025 for tasks and projects under the Socio-Economic Recovery and Development Program in 2024 and 2025 to complete the projects in accordance with Resolution No. 43/2022/QH15 of the National Assembly.
For the remaining unrecovered advances, the central budget will not allocate additional funds for reimbursement. The Government is assigned to direct ministries, central agencies and localities to review and take responsibility for balancing the total capital of the medium-term public investment plan with central budget capital for the period 2021-2025 that has been assigned or local budget capital to recover all unrecovered advanced capital. In case ministries, central agencies and localities propose to use central budget capital to recover the advanced capital under the responsibility of the central budget, the Prime Minister shall adjust the medium-term public investment plan with central budget capital for the period 2021-2025 for each task and project within the total capital of each ministry, central agency and locality that has been assigned. In case ministries, central and local agencies do not repay the advanced capital, do not report accurately and completely, resolutely do not allocate state budget capital to recover the advanced capital, at the same time review and handle the responsibilities of the heads and related organizations and individuals. The Government reports to the National Assembly on the implementation at the 6th Session of the 15th National Assembly (October 2023).
In addition, the Resolution also requires the Finance and Budget Committee, the Ethnic Council and other Committees of the National Assembly, the National Assembly delegation, National Assembly deputies, the Vietnam Fatherland Front and its member organizations, the People's Councils of provinces and centrally run cities and the State Audit, within the scope of their duties and powers, to monitor and audit the implementation of this Resolution.
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