National Assembly deputies discussed the
draft Law on the Capital City in Ha Noi yesterday, Nov 16, with most deputies
agreeing that the city needed a unique regime as the nation’s capital.

However,
some National Assembly deputies at the meeting chaired by the Assembly’s Vice
Chairman Uong Chu Luu said they were worried the draft law may lead to residents
of the capital city having to pay higher traffic fines and meet stricter
residency requirements than people in other localities across the country.

NA
deputy Tran Ngoc Vinh, form Hai Phong, said he was concerned over provisions
giving Ha Noi authorities the right to issue laws that differed from those
passed by the national government.

He asked
on what basis Ha Noi was given the right to increase traffic fines to a level
that was five times higher than other localities.

“Current
law states that traffic fines can not be raised by more than 300 per cent over
the national level,” said Vinh.

Ngo Van
Minh, from the south central province of Quang Nam, raised concerns over the
prospect of Hanoiains having to bear some of the highest toll rates and
environmental fees in the country.

“This
would be a problem for poor urban people,” said Minh.

Dinh
Xuan Thao, from the southern province of Kien Giang, said the way the
legislation was drafted raised public concerns over the capital city being
treated different to other cities, but this was not always the case.

He said
the provision in the draft on granting “Honourable citizenship” to local
residents was not prohibited in any existing legal documents, therefore any
locality could do this.

Tran Du
Lich, from Ho Chi Minh City, said the most unique characteristic of Ha Noi was
its geo-political position.

“Others
characteristics that the capital has are similar to those of mega cities,” said
Lich.

“That’s
why the law should create a special regime for Ha Noi to better enable the city
to perform it’s function as the country’s political centre,” he said.

Chu Son
Ha, from Ha Noi, said the city’s special political position had been enshrined
in various high level legal documents, including Resolution 15 issued by the
Politburo.

“Residency requirements written in the Capital Law are not contradictory to the
country’s Constitution,” said Ha. “In addition, the draft does not affect the
synchronicity or harmony of the legal system as a whole.”

Civil procedures

Most
deputies agreed with the need to revise and supplement the Civil Procedures Code
so as to continue judicial reform and address shortcomings arising from the
enforcement of the legislation during yesterday’s session.

The
draft revisions include the right to speak as an overriding principle.

“The
court should give parties involved the chance to exercise their right to speak
when settling civil cases,” it says.

“The
practice will help protect their legitimate rights and interests.

“It is
also a tool to ensure that judges facilitate parties to carry out their rights
to argue and make decisions in accordance with the legislation.”

The
deputies agreed the proposed changes would further protect the legitimate rights
and interests of organisations and individuals in civil proceedings and
gradually complete Viet Nam’s civil procedural system.

The
Government says Article 7 of the present code does not require individuals,
agencies and organisations to be held accountable for the truth and accuracy of
their evidence nor provide proof of its supply to others.

As a
result the draft says: “Individuals, agencies and organisations must provide all
the evidence they have within their rights and responsibilities to persons
concerned in cases before the court.

“They
also have to take responsibility before the law for the accuracy and adequacy of
their evidence.”

“If they
can’t provide the evidence, they must inform the persons concerned and the court
with a written explanation as to why.”

Deputy
Dang Van Khanh, who supported the proposed change to Article 7, said the new law
should include administrative measures and sanctions to deal with organisations
and individuals who intentionally refuse to provide the court with documents and
evidence.

Many
deputies also agreed that the participation of People’s Procuracy
representatives at civil trials should be strengthened to ensure obedience to
the law.

Deputy
Dang Huyen Thai said the People’s Procuracy supervision of civil trials was
limited while the quality of trials did not ensure equality before the law.

“It
means the presence of People’s Procuracy representatives at civil trials is
essential,” the deputy said.

VietNamNet/Viet
Nam News