The Vietnamese National Assembly is carefully reviewing the draft Emergency Status Law, a critical issue for protecting national security, social order and safety, and the lives and health of citizens. The 43rd session of the Standing Committee of the National Assembly on March 14th focused on discussions about this draft law.
Objectives of the Draft Emergency Status Law
The draft law aims to detail two key policies:
- Measures applicable during emergency situations: Clearly defining the authority, guidance, and operations of relevant entities during emergencies to ensure unified implementation of special measures.
- Supporting businesses and citizens: Focusing on relief and support for citizens and businesses to cope with and recover from emergency situations.
Current Situation Assessment
The COVID-19 prevention process exposed some shortcomings in the implementation of disease prevention measures, although an official emergency status was not declared. Issues such as inconsistencies in implementing measures between localities, and the issuance of administrative documents that restrict human and citizen rights in some areas need to be thoroughly addressed.
The need for an Emergency Status law is even more evident as the pandemic has revealed many problems. Giving the government and the Prime Minister the authority to make timely and flexible decisions on measures is essential to meeting the requirements of prevention and containment of diseases.
Regulations on Measures During Emergencies
The draft law clearly outlines situations requiring the application of special measures, including:
- Natural disasters, environmental pollution, radiation and nuclear accidents: Ensuring timely responses to these emergency situations.
- Disease outbreaks: Providing a legal basis for responding to pandemics and dangerous diseases.
- National security and social order: Providing measures to safeguard national security and maintain social order.
The draft also allows the Prime Minister to implement necessary measures not covered by existing laws, but these measures must be reported to the competent party organs of the Party and the National Assembly. This ensures flexibility in responding to complex situations.
Requirements of the Standing Committee of the National Assembly
The Standing Committee of the National Assembly recognizes the necessity of this law. However, it also suggests adding provisions that these measures must comply with emergency operating principles, and clarifying the effective date, applicable entities, and specific measures to ensure feasibility.
Powers During Emergency Situations
The draft law also addresses the establishment of special patrol teams from police, military, and self-defense forces. Team leaders have the authority to inspect people, vehicles, residences, belongings, detain individuals, vehicles, and evidence that threaten national security, social order and safety, and those violating travel restrictions and obstructing or resisting those carrying out their duties. However, research and alignment with the Criminal Procedure Code are required.
Conclusion
The draft Emergency Status Law is being thoroughly reviewed by the National Assembly. Finalizing this draft is crucial for better protection of national security, social order and safety, and the rights of citizens during emergency situations. The draft law is projected to be presented to the National Assembly at its 9th session in May.
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