In case of emergency, the Prime Minister may apply measures not yet included in the law.

On the afternoon of May 27, General Phan Van Giang, Minister of National Defense, submitted to the National Assembly the draft Law on State of Emergency.

According to Minister Phan Van Giang, 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 the 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.

General Phan Van Giang, Minister of National Defense, presented the draft Law on State of Emergency to the National Assembly (Photo: Pham Thang).

According to the provisions in the draft, the Standing Committee of the National Assembly 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 National Assembly Standing Committee,the President shall declare a state of emergency nationwide or in each locality. In case the National Assembly Standing Committee cannot convene immediately, the President shall declare a state of emergency upon the request of the Prime Minister.

Resolutions of the National Assembly Standing Committee or Orders of the President on a state of emergency must be immediately announced in the 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 that the National Assembly Standing Committee issue a Resolution, and the President shall issue an Order to lift the state of emergency.

Also according to the draft law, the Prime Minister decides on the measures to be applied in a state of emergency.

If necessary, 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.

Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi (Photo: Pham Thang).

Examining this content, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi said that regulations on measures applied in a state of emergency are very important, creating consistency for application when an emergency occurs.

However, the review agency proposed to conduct research to prescribe applicable measures in accordance with the classification of emergency situations, ensuring consistency, strictness and feasibility.

Regarding the decentralization of power and authority to apply measures in a state of emergency, the Committee on National Defense, Security and Foreign Affairs basically agrees with the provision that the Prime Minister can, if necessary, 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.

According to the inspection agency, this regulation ensures flexibility in responding to and handling complex situations.

In addition, there are suggestions to study and supplement the content "or different from the provisions of current law" to ensure compliance with the provisions on decentralization, delegation of authority, and authorization of the Law on Government Organization 2025.

Regarding support policies and measures, Mr. Toi said that the Committee on National Defense, Security and Foreign Affairs basically agreed, but there were opinions suggesting that the Law only stipulate general regulations on specific and special mechanisms and policies and assign and decentralize to the Prime Minister and local authorities to support people, communities and businesses affected in a state of emergency, or assign the Government to stipulate details.

Regarding the responsibility for State management, the Committee for National Defense, Security and Foreign Affairs 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 the provisions of current law, ensuring flexibility in responding to and handling complicated situations in the locality. However, the examining agency noted that it is necessary to review to ensure consistency and synchronization with the Law on Organization of Local Government.

Dantri.com.vn

Source: https://dantri.com.vn/xa-hoi/truong-hop-khan-cap-thu-tuong-co-the-ap-dung-bien-phap-chua-co-trong-luat-20250527141634811.htm