On the afternoon of January 12th, in Hanoi, the Ministry of Justice, in coordination with the Hanoi People's Committee, organized a conference to evaluate the implementation of the Law on the Capital City No. 39/2024/QH15 and propose specific mechanisms and policies for the development of the revised Law on the Capital City.
Deputy Minister of Justice Phan Chí Hiếu; Vice Chairperson of the Hanoi People's Council and Deputy Head of the Hanoi National Assembly Delegation Pham Thị Thanh Mai; and Standing Vice Chairman of the Hanoi People's Committee Dương Đức Tuấn chaired the conference.
The Law on the Capital City No. 39/2024/QH15, passed by the 15th National Assembly on June 28, 2024, and effective from January 1, 2025 (with some provisions effective from July 1, 2025), marks a new development in legislative thinking regarding the capital city of Hanoi.
The law not only replaces the 2012 Capital City Law but also establishes a unique and superior institutional framework, empowering the Capital City government with greater autonomy in governance, development, and resource mobilization.
According to Le Tuan Phong, Deputy Director of the Department of Legal Document Drafting, Ministry of Justice, the Law has created a legal basis for Hanoi to organize the preparation and adjustment of planning using an integrated, multi-sectoral approach, linked to regional cooperation and sustainable development.
In the initial phase of implementation, the city focused on reviewing and adjusting relevant plans, especially the Capital City Master Plan, zoning plans, and development orientations for underground space, public transport, and urban development according to the TOD model. Initial results show that planning thinking has shifted towards a more long-term and modern approach.
For the policy group on investment, finance-budget, and resource mobilization, which plays a key role and acts as an institutional leverage, determining the ability to realize the goals of rapid, sustainable, and regionally impactful development of the Capital City, the 2024 Law on the Capital City has designed a more flexible legal framework, allowing Hanoi to be more proactive in allocating resources, selecting projects, investment forms, and capital mobilization mechanisms.
Despite the achievements, the practical implementation of the Law on the Capital City still faces numerous difficulties and obstacles, both in terms of organizational implementation and stemming from the law's provisions.
According to Nguyen Cong Anh, Deputy Director of the Hanoi Department of Justice, the country is entering a new phase, with the requirement for strong innovation in the growth model, improvement of the system, and rapid and sustainable development, in which the capital city must truly play a central role, a leading nucleus for the region and the entire country.
In recent times, the legal system has undergone many important changes. Numerous laws and resolutions of the National Assembly have been enacted with new thinking and approaches, including many regulations that have directly impacted, amended, or obscured the specificity of some mechanisms in the 2024 Law on the Capital City.
Furthermore, the requirement to organize the government apparatus according to a two-tiered local government model, the need for stronger decentralization and delegation of power, and the need to pilot new governance models, especially in the fields of urban development, science, technology, innovation, and digital transformation, are posing demands that the current Capital City Law has not fully met.
Furthermore, the amendment of the law needs to promote decentralization of power to the City government. Accordingly, the approach to drafting the law should be based on the principle of decentralizing authority from the Government, the Prime Minister, and the Ministries to the City (except for the fields of security, defense, foreign affairs, and religion).
If regulations continue to require specific authority in each area to be transferred from central government agencies to the city government, the system will quickly become outdated and overridden by subsequent laws.
The amended Capital City Law should empower Hanoi with the authority to make decisions on inter-regional issues, especially regarding transportation infrastructure, common regional infrastructure (clean water, drainage, waste treatment, energy, etc.), socio-economic linkages, pollution control, sustainable environmental protection, and food safety control; and establish a mechanism to create resources for addressing inter-regional issues (Capital Region Development Fund).
These empowerment initiatives aim to create unique and superior mechanisms and policies to build and develop the capital city in a modern, civilized, and sustainable direction, improving the quality of life for its people, consolidating and strengthening Hanoi's position and role as the political, economic, cultural, and scientific-technological center, playing a key role as a nucleus and driving force for growth in the Red River Delta region and the entire country; and creating momentum to promote double-digit growth.
Furthermore, the Law needs mechanisms to implement the new economic model, promoting "double-digit" growth. Hanoi needs to shift strongly from the traditional growth model to a knowledge-based and digital economy model to meet the requirements of Resolution 57-NQ/TW of the Politburo, which identifies science and technology and innovation as the main driving force of national development.
At the conference, delegates unanimously agreed that the amendment to the Law on the Capital City meets the requirement of placing Hanoi in its rightful strategic position within the country. Amending the Law on the Capital City is not just a matter for Hanoi alone, but a shared responsibility of the National Assembly, the Government, and central ministries and agencies in removing legal barriers, ensuring the uniformity and consistency of the legal system, and creating conditions for Hanoi to have sufficient legal space, tools, and necessary authority.
Through this, we will enhance the role of the Capital City as the leading center for the development of the Capital Region and the entire country, as directed by General Secretary To Lam.
Source: https://www.vietnamplus.vn/xay-dung-co-che-chinh-sach-dac-thu-de-thu-do-phat-trien-van-minh-ben-vung-post1088020.vnp
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