VietNamNet Bridge – Steps to clarify the responsibilities of State employees involved in claims for damages while carrying out public tasks were one of the main issues discussed by the National Assembly Standing Committee yesterday.

Most participants said it should clearly identify the responsibility of the Government, ministries, sectors and localities in managing and using public debts. (Photo: VNN)

The Standing Committee also discussed a new draft law on managing public debt, agreeing that it should clearly identify the responsibilities of all ministries, local authorities and sectors involved.

Under the new draft law on State compensation, the State’s responsibility to compensate individuals and organisations for damage caused by State employees while carrying out public tasks has been clearly outlined.

Most of the members of the Standing Committee agreed it was necessary to promulgate the draft Law on State Compensation.

Chairman of the NA’s Economic Committee Ha Van Hien said the law manifested the State’s responsibility to citizens, raised the responsibility of State employees who undertook public tasks, and helped boost administrative reform.

Many members of the committee focused on the nature of relations between the State and citizens.

NA Deputy Chairman Uong Chu Luu said it was very important to identify the nature of this relationship, from that the NA would decide other matters such as procedures for compensation and how to adjust the law’s regulations.

Deputy Minister of Justice Dinh Trung Tung, the representative of a board compiling the draft law, said those negotiating for compensation could hardly do so on equal terms with the State. He described this as an unequal civil relationship.

Chairwoman of the NA’s Judicial Committee Le Thi Thu Ba said the relationship was not a civil one but agreed it was unequal (meaning that the State had the upper hand in deciding any compensation).

Regarding adjustments to the law’s regulations, Ha Van Hien said the law should not list what cases should receive compensation and that it would be more practical to identify the levels of compensation.

NA Deputy Chairman Nguyen Duc Kien said the law should clearly outline just what detrimental aspects would be covered by the new draft law so that State employees would fully know what their responsibilities are.

After listening to the discussion, NA Chairman Nguyen Phu Trong said the draft law was a difficult one, because it involved so many different aspects.

On matters where there were still differences of opinion, Trong said he would ask NA Deputy Chairman Uong Chu Luu to invite relevant offices to discuss them further to solve these matters.

Managing public debt

The NA Standing Committee also debated a draft Law on Public Debt Management, which involves eight chapters and 54 articles.

Most participants said it should clearly identify the responsibility of the Government, ministries, sectors and localities in managing and using public debts (borrowed capital).

At present, the Ministry of Finance, Ministry of Planning and Investment, and the State Bank of Viet Nam and other ministries and sectors manage public debts.

However, under the draft law, the finance ministry will have the main responsibility and the other bodies will just help co-ordinate.

The foreign ministry will represent the State in signing agreements to borrow foreign capital.

But the draft law does not mention the responsibilities of the Government, ministries and localities if capital lending is not for proper purposes, or for the right target - and if capital lending is not effective.

At present, only the Government can source capital, but under the new law, local authorities throughout Viet Nam will have the right to find their own sources of money. However, the Government must check the loans - and sign for them.

Head of the NA Ombudsmen Tran The Vuong questioned who would be held responsible if things went wrong, local authorities or the Government.

So, he said, it was necessary to clearly identify responsibilities.

Ha Van Hien shared Vuong’s opinions, saying the draft law should outline the responsibilities of all the various offices involved for managing borrowed capital.

(Source: Viet Nam News)