The Prime Minister may apply measures that are not provided for by current law.

Minister of National Defense Phan Van Giang presents a report on the draft Law on State of Emergency. Photo: QUANG PHUC

On the afternoon of May 27, the National Assembly listened to Minister of National Defense Phan Van Giang present a report on the draft Law on State of Emergency.

Minister Phan Van Giang said that the development of this law aims to establish a legal basis, enhance proactiveness in responding to and promptly and effectively overcoming emergency situations, contributing to protecting the State and people, and the legitimate rights and interests of organizations and individuals.

The draft law consists of 6 chapters and 42 articles, focusing on 2 major policies, including measures applied in a state of emergency, the authority to organize, direct, operate and decide to apply special measures of a number of subjects in a state of emergency; and measures to support businesses; provide relief and support to people in responding during and after a state of emergency.

According to the provisions in the draft, the Standing Committee of the National Assembly (SAC) decides to declare a state of emergency nationwide or in each locality at the request of the Prime Minister .

Pursuant to the Resolution of the Standing Committee of the National Assembly, the President shall declare a state of emergency nationwide or in each locality. In case the Standing Committee of the National Assembly cannot convene immediately, the President shall declare a state of emergency upon the request of the Prime Minister.
- Excerpt from the draft Law on State of Emergency -

Resolutions of the Standing Committee of the National Assembly or Orders of the President on a state of emergency must be immediately announced on mass media and publicly posted at the headquarters of the People's Committee of the commune, ward or town where the state of emergency is declared so that people know and implement it.

When the disaster has been prevented, limited or overcome; the epidemic has been stopped or extinguished; the national defense, security, social order and safety situation has stabilized, the Prime Minister shall propose the Standing Committee of the National Assembly to issue a Resolution and the President shall issue an Order to lift the state of emergency.

Given the authority to decide on measures to be applied in a state of emergency, the Prime Minister may apply measures that are not yet prescribed by current laws and report to the competent authorities of the Party and the National Assembly as soon as possible.

Presenting his review opinion, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi agreed with the necessity of promulgating the law, suggesting research to prescribe applicable measures in accordance with the classification of emergency situations, ensuring consistency, strictness and feasibility.

Regarding the decentralization and delegation of authority to apply measures in a state of emergency, the examining agency agreed to delegate authority to the Prime Minister if necessary, to apply measures that are not yet prescribed by current laws and to report to the competent authorities of the Party and the National Assembly as soon as possible to ensure flexibility in responding to and handling complex situations.

The review agency also agreed with the provision that gives the authority to the Chairman of the Provincial People's Committee to apply measures that are not yet prescribed by current law or are different from current law, but noted that it is necessary to review to ensure consistency and synchronization with the Law on Organization of Local Government.

MR. PHUONG

Source: https://www.sggp.org.vn/thu-tuong-co-the-ap-dung-cac-bien-phap-ma-phap-luat-hien-hanh-chua-quy-dinh-post797021.html