Deputy Chair of the National Assembly’s Legal Committee Nguyen Phuong Thuy

To implement the National Assembly’s Resolution 30, the National Assembly Standing Committee, Government, Prime Minister and relevant ministries and branches set to work immediately, developing a resolution on urgent solutions to prevent and fight the pandemic.

Just after several days, the Government submitted to the National Assembly Standing Committee for opinions on other content different from the provisions of the law.

Just within one day, the National Assembly Standing Committee convened a meeting to give opinions and approved the policy. The National Assembly Chair signed into promulgation Resolution 268 on August 6, so that the Prime Minister could sign Resolution 86 later.

“This has clearly demonstrated the innovative spirit of an active National Assembly that always puts the interests of the country and the people as a priority, " Thuy said.

According to Thuy, Resolution 86 covers comprehensively the urgent measures to prevent and control the pandemic in most fields, as creates specific mechanisms and timely policies to be applied in current difficult conditions.

Could you please tell us about the noteworthy points of Resolution 86?

To cope with the unprecedented pandemic like Covid-19, we need special solutions that are quick, timely and effective.

However, it’s undeniable that the legal documents on epidemic prevention and control and on state of emergency were promulgated a long time ago, so many provisions have become out of date, which could not keep pace with the complicated developments of the Covid-19 and the 'new normal' state of the society.

Though the requirement on amending the law to cope with the problems during the pandemic was put forward right when the pandemic broke out, this still cannot be implemented. This takes time to amend, supplement and enact new laws, so that the new laws have good effects and long-term stability.

With the sudden and unpredictable developments of the epidemic seen in the last 1.5 years, there are still many variables that are unforeseeable.

Therefore, the 15th National Assembly Resolution 30 gives the Government and Prime Minister unprecedented power to create a legal framework and a more proactive and flexible position for the Government and Prime Minister, in responding and handling the complicated and unpredictable situations of the epidemic. This is also the basis for the Government to issue Resolution 86.

What is the significance of Resolution 86 in the current conditions?

Allowing the Government and Prime Minister to take initiative and be flexible in setting regulations and applying the measures which are not stipulated in laws or different from the other provisions of the laws is an unprecedented decision by the National Assembly. But this is a necessary decision in the current conditions.

If the decisions are released too late, even just one day, the health and even the lives of people will be affected. Delays in making decisions will also cause serious economic damages, while opportunities for development and life improvement may be missed.

This can be seen as a form of a controlled experimental legal mechanism to find suitable and effective solutions in the fields where there are no regulations or the regulations are still not clear enough.

Do we need a supervision mechanism to be sure that policies can be implemented effectively and to avoid the abuse of power?

In Resolution 30, the National Assembly sets the limit on the sphere of application, including the measures the Government and Prime Minister have full powers to do, even though the measures are not stipulated by the laws or different from the provisions of laws. It also clearly specifies the measures the Government and Prime Minister have to report to the National Assembly Standing Committee for approval.

The National Assembly has also set the time limit for the application of these urgent measures until the end of 2022, and asked the Government to report to the National Assembly about the implementation of measures at National Assembly sessions.

This is a way to ensure effective and timely control to help the Government make necessary amendments. Moreover, the National Assembly Standing Committee, Ethnic Minority Council, National Assembly Committees, National Assembly Delegation Deputies and every NA Deputy will also strengthen supervision over the Government and Prime Minister’s works.

To solve the legal issues in epidemic prevention and control in a radical and comprehensive way as required by the National Assembly Resolution 30, what do you think the Government needs to do?

Both the National Assembly Standing Committee Resolution 268 and Government Resolution 86 have been promulgated in a timely manner. However, these are just the beginning to bring the National Assembly Resolution 30 into life. The issues mentioned in the resolutions are just temporary measures that aim to handle the most urgent problems at this moment.

The government, government’s agencies, and local authorities of different levels need to organize the review of the implementation of the Prime Minister’s Directives and other regulations over the last 1.5 years. This aims at finding shortcomings and unreasonable measures so as to amend the measures and design more suitable solutions.

I hope the application of a controlled legal mechanism like this will give more practice and experience to development and improvement of laws in the coming time.

Thu Hang