Clearly define the activation "threshold" and level of emergency

On the afternoon of October 27, under the direction of Vice Chairman of the National Assembly, Senior Lieutenant General Tran Quang Phuong, the National Assembly worked in the Hall to discuss a number of controversial contents of the draft Law on State of Emergency.

Vice Chairman of the National Assembly , Senior Lieutenant General Tran Quang Phuong chaired the meeting. Photo: Quang Khanh

Specific regulations on regimes for organizations and individuals participating in activities in a state of emergency

Briefly presenting the Report on explanation, reception and revision of the draft Law on State of Emergency, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi said that the draft Law has been received and revised, including 6 Chapters and 36 Articles.

View of the meeting. Photo: Quang Khanh

Regarding measures applied in a state of emergency (Chapter III), based on the opinions of National Assembly deputies, the National Assembly Standing Committee directed the study and revision of Chapter III, which stipulates measures applied in a state of emergency corresponding to 3 types of emergency. Accordingly, to unify the contents of the draft Law, only 3 types of emergency are prescribed, including when there is a disaster, national security, social order and safety, and national defense, corresponding to appropriate measures applied (Articles 13, 14 and 15 of the draft Law are adopted and revised). At the same time, Article 12 is added to stipulate the principles and authority to apply measures in a state of emergency.

National Assembly deputies attend the meeting. Photo: Pham Thang

To ensure consistency, the National Assembly Standing Committee also reviewed and revised Articles 15, 16, 17, 18, and 19 of the draft Law submitted by the Government ; specified provisions on relief, support, and support policies in Articles 19 and 20; added Article 22 regulating training, coaching, and emergency drills; specified provisions on regimes and policies for organizations and individuals participating in emergency activities in Article 23 of the draft Law on acceptance and revision.

Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi presented a summary of the Report on explanation, acceptance and revision of the draft Law on State of Emergency. Photo: Pham Thang

Regarding direction, command and forces in a state of emergency (Article 25), based on the opinions of National Assembly deputies, the National Assembly Standing Committee has revised this provision to clarify the responsibilities of the Steering and Command Committees as prescribed in specialized laws when promulgating. At the same time, the name of the Article has been changed to "Command and Command Agencies in Article 25" for consistency.

Clearly define the authority and procedures for information control in emergency situations

Regarding the state of emergency, National Assembly Deputy Duong Khac Mai ( Lam Dong ) noted that the provisions in Article 2 of the new draft Law stop at qualitative description, not clearly stating quantitative criteria, activation threshold and inter-sectoral appraisal mechanism. Meanwhile, the current law has many laws regulating different emergency situations such as the Law on Civil Defense, the Law on National Defense, the Law on National Security, the Law on Natural Disaster Prevention and Control, and the Law on Epidemic Prevention and Control.

National Assembly Deputy Duong Khac Mai (Lam Dong) speaks. Photo: Pham Thang

Believing that “if the boundaries between types of emergencies are not clarified, it is easy to have conflicts of authority”, delegate Duong Khac Mai proposed adding Article 2 or assigning the Government to specify in detail the quantitative and qualitative criteria, activation thresholds, and levels of emergency. For example, the scope of impact, the proportion of the population affected, economic damage, and the level of threat to national security.

Regarding this content, to facilitate implementation, National Assembly Deputy Nguyen Tam Hung (Ho Chi Minh City) also said that it is necessary to clarify the criteria for activating a state of national defense emergency, especially when martial law has not yet reached the level of martial law but there is a risk of violating sovereignty, border security or seriously threatening strategic infrastructure. "Clarifying this concept is not only convenient for command and control but also helps unify awareness among armed forces, local authorities and people," the delegate emphasized.

National Assembly Delegate Nguyen Tam Hung (Ho Chi Minh City) speaks. Photo: Pham Thang

In addition, regarding prohibited acts in a state of emergency (Article 5), delegate Nguyen Tam Hung proposed to consider adding prohibited acts in the direction of "not taking advantage of the state of emergency to abuse power or use force without authority" to ensure the balance between the authority of the law enforcement force and the legitimate rights and interests of the people. According to the delegate, this provision does not reduce the effectiveness of management but on the contrary, demonstrates the humane spirit and control of power of the Socialist Republic of Vietnam.

Regarding the control of information on the state of emergency, Clause 8, Article 13 of the draft Law stipulates the control of posting information on the state of emergency on mass media and cyberspace. At the same time, Clause 5, Article 14 of the draft Law also stipulates the control of posting information on the state of emergency on mass media and cyberspace, censorship of publications, suspension of publication and recall of publications with content that endangers national security and social order and safety.

Agreeing with the provisions of the draft Law to prevent false information, causing public confusion or taking advantage of the state of emergency for personal gain, National Assembly Deputy Vu Hong Luyen (Hung Yen) emphasized that this control must be carried out publicly, transparently and in compliance with the principle of limiting citizens' rights.

National Assembly Delegate Vu Hong Luyen (Hung Yen) speaks. Photo: Pham Thang

Delegate Vu Hong Luyen proposed that the authority and procedures for information control must be clearly defined, with time limits and scope of application. At the same time, the responsibilities of the State, competent agencies and organizations in publishing information in a timely, transparent and accurate manner to guide public opinion and create consensus in society must be defined.

At Point b, Clause 1, Article 19 of the draft Law stipulates that one of the subjects receiving emergency relief and support is households and individuals who no longer have a home, no food, drinking water, essential goods, and are at risk of affecting their life and health, with priority given to vulnerable subjects.

Delegate Vu Hong Luyen said that this provision demonstrates the Party and State's concern for the people in times of emergency, ensuring the stability of people's lives and the rapid recovery of production. However, it is necessary to more clearly define the criteria for vulnerable groups, such as the elderly, children, the disabled, and poor households, to ensure that relief is carried out fairly, promptly, and on target.

Regarding procedural activities in a state of emergency, Article 6 of the draft Law has added a provision allowing the Head of the Investigation Agency, the Chief Prosecutor, and the Chief Justice of the People's Court at all levels to shorten or extend the implementation time and procedures for performing procedural activities compared to the provisions of the Criminal Procedure Code.

National Assembly deputies Nguyen Cong Long (Dong Nai), Huynh Thi Phuc (Ho Chi Minh City), and Nguyen Thi Thuy (Thai Nguyen) proposed that it is necessary to consider adding the authority to consider shortening or extending the procedures for carrying out litigation activities in a state of emergency.

National Assembly Deputy Nguyen Cong Long (Dong Nai) speaks. Photo: Pham Thang

National Assembly Delegate Huynh Thi Phuc (Ho Chi Minh City) speaks. Photo: Pham Thang

According to delegate Nguyen Thi Thuy, the state of emergency is very unusual, so it is necessary to allow for an extension of the proceedings compared to the provisions of the current Criminal Procedure Code. However, regarding procedural matters, only the prosecution agencies should decide which procedures need to be carried out or not for each case.

National Assembly Delegate Nguyen Thi Thuy (Thai Nguyen) speaks. Photo: Pham Thang

“Depending on the specific case resolution process, those directly conducting the proceedings will evaluate and determine the appropriate implementation method to ensure the case is resolved democratically, objectively and comprehensively. If there are conflicting statements, it is mandatory to conduct a confrontation. If the identification of the victim and other victims is unclear, it is necessary to organize identification, voice…”, delegate Nguyen Thi Thuy emphasized.

Source: https://daibieunhandan.vn/xac-dinh-ro-nguong-kich-hoat-cap-do-ve-tinh-trang-khan-cap-10393165.html