Nghị quyết 142/2024/QH15 ngày 29/06/2024 về Kỳ họp thứ 7, Quốc hội khóa XV

RESOLUTION

OF THE 7TH SESSION, THE 15TH NATIONAL ASSEMBLY

NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13, amended by the Law No. 65/2020/QH14;

Pursuant to the results of the 7th Session of the 15th National Assembly from May 20, 2024 to June 8, 2024 and from June 17, 2024 to June 29, 2024;

At the request of the Standing Committee of the National Assembly and the opinions of National Assembly deputies,

HEREBY RESOLVES:

1. The National Assembly has passed 11 laws, including:  the Law on Archives; the Law on People's Courts Organization; the Law on Social Insurance; the Law on National Defense Industry, Security and Industrial Mobilization; the Law on Roads; the Law on Road Traffic Order and Safety; the Law on the Capital; the Law on Management and Use of Weapons, Explosives and Combat Gear; the Law on amendments to the Law on Asset Auction; the Law on amendments to the Law on Security; and the Law on amendments to the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Law on Real Estate Business No. 29/2023/QH15, and the Law on Credit Institutions No. 32/2024/QH15.

The National Assembly has passed 21 resolutions, including:  the Resolution on the election of the President of the Socialist Republic of Vietnam for the 2021-2026 term; the Resolution on the election of the President of the National Assembly of the Socialist Republic of Vietnam for the 2021-2026 term; the Resolution on the election of Deputy Presidents of the National Assembly for the 2021-2026 term; the Resolution on approval for the Prime Minister's proposal to dismiss the Minister of Public Security for the 2021-2026 term; the Resolution on approval for the Prime Minister's proposal to appoint the Deputy Prime Minister and Minister of Public Security for the 2021-2026 term; 2 Resolutions on approval for the President's proposal on members of the National Defense and Security Council; the Resolution on the election of members of the Standing Committee of the National Assembly for the 2021-2026 term; the ;Resolution on the termination of the duties of the 15th National Assembly delegate Mr. Dinh Tien Dung; the Resolution on the program of formulation of laws and ordinances in 2025, and amendments to the program of formulation of laws and ordinances in 2024; the Resolution supplementing the state budget estimate for 2022 and approving the state budget finalization for 2022; the Resolution on approval for the document of accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership of the United Kingdom of Great Britain and Northern Ireland; the Resolution on the organization of urban government and piloting of some special mechanisms and policies for the development of Da Nang City; the Resolution on supplementing the pilot of some special mechanisms and policies for the development of Nghe An Province; the Resolution on the National Sea Spatial Planning for the period 2021 - 2030, with a vision to 2050; the Resolution on the investment policy for the North-South Expressway Construction Investment Project, Western section, Gia Nghia (Dak Nong) - Chon Thanh (Binh Phuoc); the Resolution on the National Assembly’s supervision program for 2025; the Resolution on the establishment of a thematic supervision team "The implementation of policies and laws on environmental protection since the Law on Environmental Protection 2020 came into effect"; the Resolution on the implementation of Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies to support the socio-economic recovery and development program and to enhance the effectiveness and efficiency of the implementation of National Assembly resolutions on a number of important national projects; the Resolution on the question-and-answer activities at the 7th session of the 15th National Assembly and the Resolution of the 7th session of the 15th National Assembly.

2. Provide initial opinions on 11 bills, including:  the Law on Geology and Minerals; the Law on Fire Safety and Rescue; the Law on People's Air Defense; the Law on Urban and Rural Planning; the Law on Juvenile Justice; the Law on Notarization (amended); the Law on Trade Unions (amended); the Law on Cultural Heritage (amended); the Law on Prevention and Control of Human Trafficking (amended); the Law on Value Added Tax (amended) and the Law on amendments to the Law on Pharmaceuticals.

3. Provide initial opinions on the investment policy of the National Target Program on Cultural Development for the period 2025 - 2035. The Government has directed the study and adoption of opinions of the National Assembly deputies at the 7th session, the review opinions of the Committee on Culture, Education, Ethnic Groups, and other Committees of the National Assembly, to complete the dossier as prescribed, and submit it to the National Assembly for consideration and approval at the 8th session of the 15th National Assembly.

4. Provide opinions on the draft Hanoi Capital Planning for the period 2021 - 2030, with a vision to 2050; the draft Master Plan to adjust the overall Hanoi Capital Master Planning to 2045, with a vision to 2065. The Prime Minister has prioritized the task of fully incorporating the recommendations of the National Assembly deputies, comments of the Standing Committee of the National Assembly to finalize the drafts, ensuring the quality and promptly issuing and effectively implementing it in accordance with the authority.

5. The National Assembly highly appreciates the direction, management and drastic implementation of tasks and solutions of the Government, the Prime Minister, ministries, agencies and local governments; commends the efforts of the business community and people of all walks of life in basically completing the socio-economic development tasks and the state budget in 2023 and the first months of 2024.

The National Assembly has requested the Government to coordinate with relevant agencies to continue the synchronous, timely, and comprehensive implementation of the goals, tasks, and solutions set out by the Party, the National Assembly, and the Government; closely monitor and forecast domestic and international developments, develop appropriate, practical, specific, and feasible policy solutions to address existing shortcomings and limitations; and organize the implementation with determination to achieve the highest possible targets in the Socio-Economic Development Plan 2024. And effectively implement the following tasks and solutions:

a) Vigorously and effectively take measures to manage the gold market; ensure a stable and healthy gold market;

b) Accelerate efforts to support and revive the tourism market; develop appropriate solutions to protect and ensure the number of aircraft and operational capacity of domestic airlines, based on their functions, tasks, and authorities;

c) Accelerate civil service reforms; improve institutions, regulations on regimes and policies, and strengthen the identification, attraction, and utilization of talents; focus on institutional improvements to encourage proactive, creative, and responsible officials who are willing to take risks for the common good, and thoroughly address the problems of buck-passing, avoidance, fear of mistakes and fear of accountability among officials and public employees; enhance public service ethics and administrative discipline, linking them to the accountability of leaders;

d) Focus on the administrative division rearrangement at the district and commune levels during 2023-2025 in accordance with the Party, National Assembly, and Government's guidelines, striving to basically complete the process by September 2024, maintain organizational stability post-administrative restructuring in preparation for party congresses at all levels in 2025.

6. Based on Conclusion No. 83-KL/TW dated June 21, 2024, of the Politburo and Report No. 329/BC-CP dated June 21, 2024, of the Government, the National Assembly has agreed to implement reforms to the salary system, adjustments to pensions, social insurance allowances, preferential allowances for meritorious individuals, and social allowances, effective from July 1, 2024. In specific:

6.1. Fully implement the two items of salary reform for the enterprise sector as stipulated in Resolution No. 27-NQ/TW dated May 21, 2018, of the 7th Plenum of the 12th Party Central Committee, including: adjusting the regional minimum salary in accordance with the Labor Code (with an average increase of 6% effective from July 1, 2024); and stipulating a salary mechanism for state-owned enterprises (effective from January 1, 2025).

6.2. Implement salary reform in the public sector in accordance with Resolution No. 27-NQ/TW in a gradual, cautious, and sustainable manner, following the given roadmap, ensuring feasibility and contributing to improving the living standards of salary earners. The Government is tasked with:

a) Implementing the clear and feasible items, including:  Improving the salary increase regime; supplementing the bonus regime; regulating the funding source for implementing the salary regime; improving the salary and income management mechanism;

b) Adjusting the basic salary from VND 1,800,000/month to VND 2,340,000/month (a 30% increase) effective from July 1, 2024;

c) For agencies and units currently applying special financial and income mechanisms at the central level, the Government, and relevant ministries shall conduct a comprehensive review of the legal framework submit to the competent authority for consideration and decision on the amendment or abolition of such special mechanisms before December 31, 2024; preserve the difference between the salary and additional income in June 2024 and the salary from July 1, 2024, after the amendment or abolition of the special financial and income mechanism. During the period before the amendment or abolition, the following shall apply:  From July 1, 2024, the monthly salary and additional income shall be calculated based on the new basic salary of VND 2,340,000/month under the special mechanism, ensuring that it does not exceed the salary and additional income received in June 2024 (excluding the salary and additional income increase due to the adjustment of the salary coefficient following increase of pay grades and pay steps). If the salary and additional income from July 1, 2024, under the special mechanism is lower than the salary under the general regulations, the general salary regulations shall apply;

d) From July 1, 2024, pensions and social insurance allowances will be increased by 15% from the current level (June 2024); for those receiving pensions before 1995, if the adjusted amount is less than VND 3,200,000/month, it will be increased by VND 300,000/month; if the adjusted amount is between VND 3,200,000/month and less than VND 3,500,000/month, it will be adjusted to VND 3,500,000/month; preferential allowances for meritorious individuals will be adjusted to the standard allowance level of VND 2,789,000/month (a 35.7% increase), maintaining the current ratio of preferential allowances for meritorious individuals to the standard allowance level; social allowances will be adjusted to the social assistance standard level of VND 500,000/month (a 38.9% increase);

dd) Report to the National Assembly on the implementation of item 6.2 at the 9th Session, 15th National Assembly.

6.3. Assign the National Assembly Standing Committee to review and regulate the salaries and benefits of full-time National Assembly deputies, full-time People's Council deputies, officials, public employees, employees working at the National Assembly Office, and other entities under their authority in accordance with the Party and State law.

7. Regarding the supervision of legal documents by the Ethnic Council and Committees of the National Assembly in 2023, the National Assembly generally agreed with the supervision results and assessed that the supervision activities of legal documents by the Ethnic Council and Committees of the National Assembly were carried out seriously and responsibly. As a result, the supervision has identified documents that were delayed or not issued, pointed out some documents with inappropriate or impractical content, and those that did not ensure the consistency of the legal system. The supervision has also proposed recommendations to the competent authorities to address these issues. The Ethnic Council and Committees of the National Assembly will continue to strengthen the supervision of legal documents within their respective areas of responsibility; promptly organize specialized supervision sessions and question-and-answer sessions on issues that have received many opinions, suggestions, and complaints from citizens and businesses, in order to find solutions to address these issues and improve policies and laws.

8. Regarding the review and handling of the results of the legal document system review as required by National Assembly Resolution No. 110/2023/QH15 dated November 29, 2023, the National Assembly generally agreed with the handling results and the proposed solutions to address the inconsistencies, overlaps, bottlenecks, and inadequacies in legal documents as presented in the Government's Report, the Standing Committee of the Legal Affairs Committee's report, and the reports of the Standing Committee of the Ethnic Council and other Committees of the National Assembly. The Government, Supreme People's Court, Supreme People's Procuracy, State Audit, Ministries, branches, central agencies, and all levels of local authorities need to continue to identify the review of legislation as an important activity that must be carried out regularly; the results of the review shall be used as input information and data to serve the research, development, and improvement of the legal system. The Government has directed all Ministries, sectors, and localities to promptly issue detailed regulations and guidelines to implement the provisions prescribed in the laws, ensuring that they take effect concurrently with the effective date of the laws, especially new laws enacted by the National Assembly. This is to avoid difficulties caused by the delay in issuing detailed regulations and to prevent any legal vacuum that may create hardships for localities, businesses, and people.

9. Regarding the review and handling of administrative procedures' bottlenecks and inadequacies as required by National Assembly Resolution No. 103/2023/QH15 dated November 9, 2023, the National Assembly generally agrees with the Government's Report, the opinions of the Standing Committee of the Legal Affairs Committee, and the Standing Committee of the Ethnic Groups Committee, as well as other Committees of the National Assembly. The Government needs to focus on synchronously implementing the 13 groups of tasks and solutions proposed in Government Report No. 248/BC-CP dated May 18, 2024; directing and effectively implementing the following tasks and solutions:

a) Continue the review process to cut, simplify administrative procedures, and promote decentralization and delegation of power in the process of elaborating and guiding the implementation of laws; Ministries, sectors, and localities shall focus on implementing approved plans to cut and simplify administrative procedures, regulations related to business activities, and plans for decentralizing the handling of administrative procedures; continue to review and propose plans to cut and simplify administrative procedures, regulations related to business activities, and to compile statistics and review and simplify internal administrative procedures in accordance with the outlined plan;

b) Strengthen strict oversight and assess the specific policy impacts of regulations on administrative procedures, especially those related to business activities, when developing and issuing legal documents;

c) Continue to accelerate the digitalization of records and results of handling administrative procedures, enhance the quality of services provided to citizens and businesses in performing administrative procedures, and provide online public services; improve the quality of human resources involved in handling administrative procedures; upgrade the information technology infrastructure system synchronously from the central to local levels to suit the current digital transformation requirements; and strengthen the connection, integration, and sharing of information and data to serve the direction, management, and handling of administrative procedures, and the provision of public services;

d) Focus on the successful implementation of the Project on developing the application of population data, electronic identification and authentication to serve national digital transformation in the period 2022-2025 with a vision to 2030. Simultaneously, pilot the single-window model, combining the provision of public administrative services of administrative units in a number of provinces and centrally affiliated cities in 2024, with a view to summarizing and expanding it to facilitate citizens and businesses in accessing and performing administrative procedures and public services, regardless of administrative boundaries.

dd) Urgently study and submit to the National Assembly for consideration of amendments to the following laws: the Law on Government Organization and the Law on Organization of Local Government…, and direct the amendment of sub-legal documents to implement plans to reduce and simplify administrative procedures, regulations related to business activities, decentralization in administrative procedures, and citizen documents related to population management as specified in Annexes VI and VII of the Government's Report No. 248/BC-CP.

10. Regarding the results of the supervision of the handling and response to voters' petitions sent to the 6th Session of the 15th National Assembly, the National Assembly, the agencies of the National Assembly, the Government, the Prime Minister, the Ministries, sectors, and central agencies have paid close attention to addressing voters' petitions, demonstrating a proactive and receptive attitude. Efforts have been made to address shortcomings and propose many measures to improve the quality and efficiency of carrying out the functions of the National Assembly and the management and governance of the Government and the Prime Minister.  The Standing Committee of the National Assembly is tasked with directing, urging, and supervising the handling and response to voters' petitions and National Assembly deputies. The Government and the Prime Minister have directed ministries and central agencies to promptly address existing problems and shortcomings identified in the supervision report; review and resolve petitions from previous sessions that have not been fully resolved, as well as ongoing petitions, ensuring quality and adherence to the reported timeline to voters; and strengthen and improve the effectiveness of handling and responding to voters' petitions submitted during the session, ensuring compliance with legal deadlines. Ministries, agencies, and central government agencies must seriously study, consider, address, and respond to the opinions of National Assembly deputies.

The National Assembly agrees with the comprehensive report on the opinions and petitions of voters and the people submitted to the 7th session of the 15th National Assembly by the Presidium of the Central Committee of the Vietnam Fatherland Front.  The Government, the Prime Minister, the Supreme People's Court, the Supreme People's Procuracy, ministries, central agencies, and all levels of local authorities, in accordance with their assigned functions and tasks, shall study and consider the proposals; promptly resolve and take measures to implement the recommendations of the Presidium of the Central Committee of the Vietnam Fatherland Front as stated in Report No. 842/BC-MTTW-DCT dated May 17, 2024.

11. Regarding the results of practicing thrift and combating waste in 2023, the Government needs to strengthen measures to implement Directive No. 27-CT/TW, Resolution No. 74/2022/QH15, and the program on practicing thrift and combating waste in 2024. The Government should focus on addressing voters' petitions related to tightening discipline, enhancing a sense of responsibility among agencies, authorities, and officials in implementing the Party's policies and state laws on practicing thrift and combating waste. Review, summarize, propose amendments to laws in accordance with Plans No. 81/KH-UBTVQH15 and No. 734/KH- UBTVQH15 of the Standing Committee of the National Assembly, paying special attention to important legislative tasks such as amending the Law on Practicing Thrift and Combating Waste, the Law on Public Investment, the Law on State Budget, and tax laws. The Government should focus on quantifying and accurately identifying wasteful behaviors, and building, managing, and using databases on practicing thrift and combating waste to address shortcomings identified during the implementation of the laws.

12. Regarding the Law on amendments to the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Real Estate Business Law No. 29/2023/QH15, and the Credit Institutions Law No. 32/2024/QH15, the Government shall be fully responsible for the effectiveness of adjusting the effective date and transitional provisions, addressing arising issues, ensuring that no legal gaps is created, preventing policy abuses, and legalizing violations. The Government shall ensure that there are no obstacles or difficulties for localities, people, and businesses, and that the legitimate rights and interests of affected parties, the investment environment, and people and businesses are not adversely affected.  Simultaneously, the Government shall ensure all necessary preparations are in place for the effective implementation of the new laws as of August 1, 2024; and strongly direct ministries, agencies, and localities to promptly issue documents providing detailed regulations and guidance for the implementation of the laws, ensuring quality and timeliness, and avoiding any obstacles due to a lack of specific legal documents.

13. The Government shall prescribe the subjects, conditions, support levels, procedures for handling retirement and death benefits for employees in cases where employers are no longer able to pay social insurance contributions before July 1, 2024. The funding shall come from the revenue collected from handling late or unpaid contributions as stipulated in Clause 3, Article 122 of the Social Insurance Law No. 58/2014/QH13 and the amount of 0.03% per day collected as stipulated in Clause 1, Article 40 and Clause 1, Article 41 of the Social Insurance Law No. 41/2024/QH15. In cases where the competent authority discovers that the employer is still able to pay social insurance contributions for employees, the authority shall recover and make up for unpaid contributions to the social insurance fund and handle violations in accordance with the law.

14. The Government shall submit to the Standing Committee of the National Assembly for recognition of the compulsory social insurance contribution period of business household heads who participated before the effective date of the Social Insurance Law No. 41/2024/QH15, as a basis for settling social insurance benefits in accordance with the provisions of the social insurance law and Resolution No. 100/2023/QH15 of the National Assembly on question-and-answer activities at the 5th session of the 15th National Assembly.

15. The 2% reduction in the value-added tax rate for the groups of goods and services stipulated in Clause a, Item 1.1, Article 3 of the National Assembly's Resolution No. 43/2022/QH15 on fiscal and monetary policies to support the socio-economic recovery and development program shall continue from July 1, 2024 to December 31, 2024.

The Government shall organize the implementation of the policy, ensuring the achievement of the set targets. The Government shall be responsible for managing and carrying out the revenue collection task, without affecting the state budget revenue and expenditure estimates for 2024 as resolved by the National Assembly. The Government shall ensure revenue for expenditure tasks that have been budgeted and for urgent emerging needs.  

16. Allows the State Bank of Vietnam to automatically extend by 3 more times, upon maturity, the outstanding balance of the refinancing debt of credit institutions currently lending to Vietnam Airlines, as stipulated in Clause a, Article 11 of Resolution No. 135/2020/QH14. The extension period for each time shall be equal to the initial refinancing period, and the total maximum refinancing extension period shall not exceed 5 years (including 2 extensions under Resolution No. 135/2020/QH14).

The Government is assigned to direct the State Capital Management Committee at enterprises, relevant agencies and Vietnam Airlines Corporation to develop a comprehensive development strategy; urgently finalize the comprehensive project to overcome difficulties for Vietnam Airlines so that it can soon recover and develop sustainably; accelerate the comprehensive restructuring of Vietnam Airlines in accordance with the spirit of Resolution No. 12-NQ/TW of June 3, 2017 of the 12th Party Central Committee on continuing to restructure, innovate, and improve the efficiency of state-owned enterprises; clearly identify the objective and subjective reasons, especially the reasons due to legal obstacles, in the process of developing the comprehensive project, and propose timely solutions to overcome them. Clearly define the responsibilities of agencies and organizations in fulfilling the commitments made to the National Assembly regarding the effectiveness of implementing the refinancing solution.  Relevant agencies shall strengthen inspection, auditing, and supervision to ensure that the implementation of the solution is in accordance with regulations.  

17. Allows the use of 18,220 billion VND from the general central budget reserve fund of the medium-term public investment plan for the period 2021-2025, corresponding to the increased central budget revenue in 2023.

Allow the completion of investment procedures for projects from the central budget reserve of the medium-term public investment plan for the period 2021 - 2025 corresponding to the increased central budget revenue in 2023; for 4 projects: (1) Gia Binh Airport Project, (2) Construction of a new Supreme People's Court headquarters at 262 Doi Can, (3) Investment project to repair, renovate, upgrade and construct headquarters of People's Courts at all levels (phase 1), (4) Tuyen Quang - Ha Giang Expressway Project (phase 1) through Tuyen Quang province, allowing competent authorities to decide on the project investment policy based on the capital source and the expected capital level allocated for the project from the central budget revenue increase capital source in 2023, capital source in the period 2026 - 2030 and other legal capital sources (if any) to complete investment procedures according to regulations.

Assign the Government to direct ministries, central agencies, and localities to urgently complete investment procedures within their authority. For decisions on investment principles for new projects meeting the criteria of national important projects, and for adjustments to decisions on investment principles for national important projects that have been decided by the National Assembly, reports must be submitted to the National Assembly for consideration and decision in accordance with the provisions of the Public Investment Law. Report to the National Assembly for consideration and decision on the allocation of the medium-term public investment plan for the 2021-2025 period to ministries, central agencies, and localities when full investment procedures are completed as prescribed by law. During the inter-session period of the National Assembly, the Government shall report to the Standing Committee of the National Assembly for consideration and decision on the allocation and report to the National Assembly at the nearest session.

18. Unanimously agrees to adjust certain contents related to the investment policy of the National target program for socio-economic development in ethnic minority and mountainous areas for the 2021-2030 period. Assigns the Government to direct the review and decision-making on the specific investment list for  public sector entities operating in the field of ethnic affairs, boarding and semi-boarding ethnic minority schools, district health centers and district hospitals, relics and conservation projects, and cultural heritage preservation projects of ethnic minorities linked to tourism development, both within and outside the list of communes and villages in ethnic minority and mountainous areas as currently regulated, prioritizing severely-disadvantaged areas. The adjustment shall ensure the principles, investment efficiency, and objectives of the program in accordance with Resolution No. 120/2020/QH14 of the National Assembly, and shall not exceed the total capital of the Program as decided by the National Assembly for the period 2021-2025.

19. The Government shall report on the implementation of Resolution No. 99/2023/QH15, along with the report on the implementation of tasks and solutions related to primary healthcare and preventive healthcare at the 10th session of the 15th National Assembly. Specifically, the results of mobilizing, using, paying, and finalizing overall resources for COVID-19 prevention and control during the period 2020-2022 shall be reported along with the report on the finalization of the state budget in 2023 at the 9th session of the 15th National Assembly.  Simultaneously, the Government shall direct ministries and sectors to rectify and seriously learn lessons from the delay in consulting and implementing Resolution No. 99/2023/QH15; supplement the content and data in full, and finalize the report to ensure quality for submission to the National Assembly. Specifically, the report shall clearly present the implementation results, providing specific data, and accurately assessing the effectiveness of completed tasks; review, supplement the results, existing problems, limitations, difficulties, and causes of tasks that have not met the schedule; and propose solutions for tasks stipulated in Clause 2, Article 2 and Points b and c, Clause 1, Article 3 of Resolution No. 99/2023/QH15. In cases exceeding its authority, the Government shall report to the competent authority for consideration and decision.

20. Allows for the postponement of the public release of the 2022 Government Financial Report. The Government shall urgently complete the legal framework, roadmap, and specific solutions for developing the Government Financial Report from the 2025 fiscal year, ensuring that the information and data are complete, comprehensive, and in accordance with the Accounting Law.

21. The Standing Committee of the National Assembly, the Government, the Prime Minister, the Central Committee of the Vietnam Fatherland Front, the Supreme People's Court, the Supreme People's Procuracy, the National Assembly Committee on Ethnic Groups, the National Assembly Committees, the State Audit, ministries, agencies, and local authorities at all levels shall, in accordance with their assigned functions and tasks, effectively implement the Resolution; strengthen propaganda, dissemination, and legal education to promptly implement the laws and resolutions adopted by the National Assembly.

The Standing Committee of the National Assembly, the National Assembly Committee on Ethnic Groups, the National Assembly Committees, the National Assembly delegations, and National Assembly deputies shall supervise the implementation of the Resolution.

The Central Committee of the Vietnam Fatherland Front and its member organizations shall supervise and mobilize all strata of the people to implement the Resolution.

This Resolution was adopted by the 15th National Assembly of the Socialist Republic of Vietnam, 7th Session on June 29, 2024.

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