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Working session 3, Congress term XIII: some law-amendment projects to be approved

​On the morning of May 31st, Ms. Nguyen Thi Kim Ngan continued to preside over the agenda of the third working session of the Congress term XIII which was held at tha Hall. The Congress was working on the Reports of the Government and verification reports on amending and supplementary bills of Electricity law; National reserve law; Cooperative law (amended); Tax regulations; Amending and supplementing some articles of Attorney law. Those are the bills that are open to opinions and comments for the first time at session 3, Congress term XIII.


​* Assuring unified management process of the State over Electrical operation. 
 
According to Government reports, the amending and supplementary bill towards the Electricity law revises and supplements regulations on: planning and developing electricity; eliminating the electrical development planning in district/communes/towns and city in the province; Electrical development planning in centrally-run provinces, cities made for the period of 10 years and oriented for the next 10 years; Electricity prices applied in accordance with market machenism and regulated by the State; Electricity prices and kinds of expenses. The law draft amends and supplements the provisions of: Types and orders of electricity operation, procedures of issuing, refining, suplementing and the expiry of permits of electricity operation in accordance with each of them; regulations on retail prices of electricity in rural, mountains areas and islands where the national electricity network is not connected and investment is not beneficial; a number of provisions on electricity management and regulation on electricity inspectors comply with the law on inspection…
 
 
Verification reports of Committee of Science, Technology and Environment of the Congress about the amending and supplementary bill of the Electricity law clearly showed some different viewpoints over the unification of some concepts of the Electricity law; regulations on electricity development in harmony with environmental protection; electricity market; regulations on the rights and responsibilities of electricity providers, customers; electrical equipments and facilities protection; State  management and electricity industry structure
 
* Establishing reasonable mechanism for forming, managing, operating, and using national reserves.
 
According to the reports of the Government, the National reserves law comprised of 7 chapters and 63 articles, continue on targets of the Ordinance on national reserve that has been implemented during the past 8 years, including: meeting unexpected, urgent demands on preventing, fighting against and remedying the consequences of natural disasters, fire, infection; serving national defense and security; contributing to stabilizing the market and fulfilling other urgent tasks of the State and defining more use objectives of the national reserves in order to secure social welfare to meet new requirements for new period. The bill takes up the path of the Ordinance on national reserves as well as amends and supplements new points about: State policies about National reserves; strategy, plan for National reserves; managing and operating mechanism for National reserves; warehouse and management system, technology for maintaining national reserves stocks; Inspecting, testing, handling violations and settling complaints and denunciations about the national reserves….
 
Verification report of Finance and Budget Committee of the Congress on National reserves bill pointed out that there are various standpoints about the target of National reserves; stocks, materials under the scope of  regulation and sources of National reserves; organizing National reserves; rights and responsibilities for managing National reserves; total sum of National reserves; Category of National reserves; State budget for National reserves….
 
 
* Amending and supplementing regulations on defining the nature of cooperatives
 
According to report of the Government, the Cooperatives law (amended) is comprised of 9 chapters, 66 articles (Article about emulation and rewards of the Cooperatives law 2003 has been removed). The law is intended to build up the most significant framework suitable to the nature of cooperatives; fully systemize the Communist Party’s viewpoints; surmount limits and takes the fullest applicable regulations of the Cooperatives law 2003; build up the basic legal framework based on the practical summary of the nationwide Cooperatives development, and simultaneously refer to international experiences applicable to Vietnam’s conditions. The Cooperatives law (amended) supplements and amends some regulations to clearly define the nature of Cooperatives; supplements some contents in organizing and operating principles; requirements to become a qualified Cooperatives member; members’ rights; maximum amount of the contributed capital of each member; membership termination; revenue allocation; withheld asset of the Cooperatives…
The verification report of the Economic committee of the Congress pointed out variable viewpoints about the Cooperatives law on the nature of Cooperatives; regulations on external provision of services and goods; the rights of Cooperative to contribute capital, buy shares, establish] company; State support and favour policies; State regulations on Cooperatives management, Cooperatives union; representative organizations of Cooperatives and Union…
 
* Strict punishment on violations of tax regime
 
According to the report of the Gorvernment, the amending and supplementing bill on Tax regime amends and supplements 33 articles (out of 120 articles of current regulations), related to 3 groups of issues including 22 traits of content, such as: Simplification of tax administration and procedures; Modernization, improvement and intergration in accordance with international norms; Increase in effectiveness and efficiency of tax management in accordance with reality and related regulations in order to prevent budget loss, decrease unsettled tax arrears…
 
Verification reports of Finance and Budget committee of the Congress pointed out that there are still variable viewpoints on: tax management system; responsibilities of tax payer in information technology application; tax imposing principles; duration for tax submitting with export goods, gurantee duration; tax authority’s responsibilities for resolving tax return application; giving directions for late submission of tax, punishment for wrong declaration which leads to loss in receivable tax or increase in tax returnable…
 
 
* Enable lawyers to perform their functions
 
According to State reports, the amending and supplementing bill on Lawyer regulation revises and supplements 28 articles, adding 2 articles and eliminating 3 ones, focusing on: criteria for becoming a lawyer, criteria for establishing attorney organization; rights and obligations of lawyer, lawyer organization; legal status, responsibilities, privileges of Lawyer crew, 
lawyer federation of Vietnam; State management on lawyer organization and practice; clear definition of State authorities’ responsibilities towards social organization and practice of attorneys; conditions and scale of foreign attorney organizations and lawyers operating domestically complying with the agreements of Vietnam when the country joins WTO.
 
Verification report of the Justice committee of Congress pointed out that there are still variable viewpoints on amending and supplementing bill on Lawyer regulation: necessity and scale of adjustment, refinement of Attorney law; criteria for exemption from lawyer training; cases prohibited from practicing law; regulations enable officers to practice law; rights and obligations of lawyers; regulation on issuing defense certificate for lawyers; loosening criteria for those eligible to require for lawyer’s defense…
 
In the evening, Congress continues to work in the Hall, listen and discuss some contents with different viewpoints existing in legal proposal of Water resource law draft (amended)./.
 
 
                                Source: Vietnam news agency
 
 

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